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“Clearly, we are disappointed by the decision, but this does not reduce our concerns regarding the potential of a catastrophic oil spill on our coast,” Horgan said in a statement Thursday. “When it comes to protecting our coast, our environment and our economy, we will continue do all we can within our jurisdiction.”

Federal lawyers argued B.C.’s attempt to require provincial permits for heavy oil to flow through pipelines was a clear imposition on the constitutional authority given to Ottawa over interprovincial pipelines.

Several of the judges on the Supreme Court agreed in their statements and questions throughout Thursday’s hearings, before issuing their quick dismissal.

B.C. Attorney General David Eby also called their decision “disappointing” and echoed Horgan’s pledge to fight to protect the environment.

“It’simportant to remember this was one of a suite of regulations the province put in place around toxic substances that can be brought into our province by train or pipeline or truck,” Eby said.“Of that suite, there was one regulation in particular the province of Albertawas concerned about so we referred that to the court.”

Shahin Dashtgard, a professor in the department of earth sciences at Simon Fraser University, said Horgan has run out of options.

Photo by Jonathan Hayward/The Canadian Press files

“I think it was a political decision that he went with, an attempt to satisfy the Green party, something that he promised them from the get-go,” said Dashtgard, referring to the NDP and Greens’ confidence and supply agreement, in which the three Green MLAs promised to support the NDP minority government.