Despite a court ruling, Alberta Energy Regulator continues hearings on coal exploration in the Rockies.
The Alberta Energy Regulator is moving forward with public hearings on coal exploration in the Rocky Mountains, despite a recent court ruling questioning the validity of these applications.
The regulator has announced plans to hold hearings on three applications from Northback Holdings for coal exploration at the Grassy Mountain site in southwestern Alberta. A schedule for these hearings, set for December and January, was released on August 21.
The very next day, Alberta's highest court granted permission for a ranching community to appeal and challenge the acceptance of these applications. The Alberta Court of Appeal will review arguments from the Municipal District of Ranchland, which contends that the regulator should not have approved them.
Previously, the Grassy Mountain project faced rejection from an environmental panel and was blocked by a provincial ministerial order against coal development in the Rockies. However, the regulator accepted Northback's applications after receiving a letter from Energy Minister Brian Jean, which suggested that Grassy Mountain was an "advanced project" and should be exempt from the ban.
Justice Kevin Feth, in granting the appeal, noted that the court needs to consider whether a project, once rejected by a regulatory body, should still be deemed advanced. Feth also pointed out that the regulator might have given too much importance to Jean's letter.
When asked by the Canadian Press how Feth’s ruling might impact its hearing plans, the regulator referred to the August 21 document, offering no further details.
On Friday, the agency indicated it was "considering the decision."
Ron Davis, reeve of Ranchland, mentioned that the municipality would not seek to delay the hearings, citing the potential costs and time involved. He believes the appeal will provide sufficient opportunity to present their case in court.
The hearings for those with limited standing will take place on December 3-4, where 46 participants, including individuals, businesses, and environmental groups, can present oral arguments. Full participants, including local landowners, municipalities, and four First Nations, will have their hearings from January 14-31 and will be able to question witnesses.
Northback's lawyers have requested to move the hearing dates earlier, arguing that the current schedule interferes with their winter 2025 construction plans.
Feth’s ruling also highlighted that if Ranchland’s appeal succeeds, it might render the entire hearing process unnecessary. Nigel Bankes, a resource law professor at the University of Calgary, agreed that a successful appeal could invalidate the proceedings entirely, resulting in wasted time and resources.
