The National Energy Board (NEB) is seeking public input on what topics should be considered in the review of the Energy East and Eastern Mainline pipeline projects. The public will have until May 31 to provide their comments.

The Hearing Panel assigned to the Energy East and Eastern Mainline Projects issued two draft Lists of Issues yesterday: one for Energy East and one that is specific to the Eastern Mainline Project. The Lists of Issues identify the topics the Hearing Panel will consider during the hearing. All of the evidence and questions raised by participants during the hearing should relate to at least one of the topics identified on the final Lists of Issues.

One of the notable additions to the draft lists is a proposal to consider the upstream and downstream greenhouse gas (GHG) emissions of the projects. The Hearing Panel has specifically asked for feedback on this issue.

The NEB is also responsible for carrying out an environmental assessment under the Canadian Environmental Assessment Act, 2012. In this context, the Hearing Panel is looking for comments on its proposed scopes of factors for the environmental assessment, which has been expanded to include additional potential environmental impacts.

The Panel will review all the comments received during the comment period to see if any changes to the Lists of Issues are warranted. The Panel expects to release the final Lists of Issues by early summer.

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Manning Environmental Law is a Canadian law firm based in Toronto, Ontario. Our practice is focussed on environmental law, energy law and aboriginal law. 

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