British Columbia’s government is appealing a National Energy Board decision allowing Kinder Morgan to bypass local construction regulations while moving forward on its Trans Mountain pipeline expansion.

The December 2017 decision exempted Kinder Morgan from complying with two sections of the City of Burnaby’s bylaws and allowed the company to move forward with tree-cutting operations without obtaining permits.

The B.C. government filed leave to appeal the decision in the Federal Court of Appeal, stating in a Saturday news release that it feels “the NEB erred by too broadly defining federal jurisdiction over interprovincial pipelines.”

Kinder Morgan said in a December news release that the NEB’s decision “reinforces our view this federally approved project is in the national interest.”

The appeal is the latest volley in the province’s new NDP government’s fight to stop the Trans Mountain expansion, which has resulted in a trade war between B.C. and Alberta over the pipeline. In late January the province proposed regulations to restrict the flow of diluted bitumen (dilbit) through the pipeline while it studied whether dilbit spills could be safely cleaned up. Environment minister George Heyman said the province would create an independent scientific advisory panel to make recommendations about bitumen cleanup.

Related: New B.C. government joins fight against Trans Mountain expansion, reviews “professional reliance” system

The province also obtained permission to register as an intervener in an ongoing legal dispute against the expansion in August.

When they signed a co-operation agreement with the provincial Greens to govern as a minority government last May, the NDP vowed to “immediately employ every tool available” to stop the expansion.

The proposed expansion, which received approval from both the NEB and the federal government, subject to 157 conditions, would triple the capacity of crude oil being moved from Alberta to the west coast for international shipping to 890,000 barrels per day, up from 300,000 currently. Burnaby is the route’s westernmost point.