The British Columbia Court of Appeal is recommending that an environmental assesment of the Trans Mountain pipeline be reconsidered.

The Squamish Nation argued that a certificate issued by the B.C. provincial government should be quashed as its 37 conditions for the project were based on a report that was dismissed by the Federal Court of Appeal.

The FCA noted the National Energy Board made crucial errors in their original report defining the scope of the project while excluding details on potential harm to the southern resident killer whale.

They added the federal government didn’t fully consult with Indigenous people.

In February, the NEB delivered a new report recommending it be approved with the Government of Canada giving the green light for the project in June.

In its decision, the BC court noted they wouldn’t quash the environmental certificate, however, they are remitting it back to the B.C. government so they can review whether changes need to be made.