Latest news with #EnergyDevelopmentAct
Calgary Herald
27-05-2025
- Politics
- Calgary Herald
Alberta Court of Appeal dismisses Grassy Mountain appeals made by Northback and Piikani, Stoney Nakoda Nations
Article content The Alberta Court of Appeal dismissed Tuesday appeals made by an Australia-based mining company and two First Nations for a new hearing over a proposed coal mine along the Eastern Slopes of the Rocky Mountains. Article content Article content In 2021, the Alberta Energy Regulator (AER), acting as part of a joint provincial-federal review panel, had turned down provincial approval for the Grassy Mountain project proposed by Benga Mining, now Northback Holdings. The federal government also rejected the proposal that year. Article content Article content Benga, Piikani Nation and Stoney Nakoda Nation challenged the AER decision, appealing both to the Alberta Court of Appeal as well as filing applications for a judicial review in the Court of King's Bench. Article content Article content Permission to appeal to the Court of Appeal was denied, and Justice Allison Kuntz turned down three separate judicial review applications made to the Court of King's Bench in December 2023. Article content Following an Oct. 8 hearing, Justices Jane Fagnan and Karan M. Shaner upheld the dismissal of the judicial review applications, with Chief Justice Ritu Khullar dissenting. Article content In their majority decision, the justices noted that Kuntz had pointed out that none of the judicial review applications challenged the constitutional validity of section 56 of the Responsible Energy Development Act (REDA), which prohibits judicial review. Article content Kuntz had dismissed the judicial review applications because they were barred by the REDA section. Article content Article content In upholding that 2023 ruling, the justices wrote that Northback and the two First Nations were essentially arguing that the section is 'ineffective for constitutional reasons.' Article content Article content 'The appellants did not provide timely notice of the constitutional issue raised before the chambers justice,' the justices concluded in Tuesday's ruling. Article content 'In the circumstances, the chambers justice did not err in determining that s 56 barred judicial review by the Court of King's Bench in this case.' Article content
Calgary Herald
25-05-2025
- Business
- Calgary Herald
Opinion: Alberta regulator set bar too low in coal exploration approval
The Alberta Energy Regulator (AER) has rendered its decision allowing Northback Holdings to proceed with more coal exploration on Grassy Mountain — the zombie-like coal mine proposal that will not die and is kept on life support by the Alberta government. Article content Article content This is the first time the AER has convened a hearing over a coal-exploration application. However, to call this progress would be like calling the 1940 British army retreat at Dunkirk a victory. Yes, there was a process, which some got to participate in, but given the criteria the AER used for a decision, an approval was not a surprise. Article content Article content That the decision was a foregone conclusion requires only a review of the legislation the AER administers and the act (Responsible Energy Development Act) that provides the mandate for the agency. Article content Article content My friend, the late Francis Gardner, told an apocryphal story about a cowboy coming out of a bar and finding his friend on his hands and knees under a street light. When asked what he was doing, the reply was, 'I'm looking for my truck keys.' 'But,' the friend said, 'your truck is way over there, why are you searching for your keys here?' The answer was, ''Cause the light's better.' The metaphor is apt for the AER decision since solutions are seen in the light of our own understanding (and mandate). Article content When your mandate is to 'provide for the efficient, safe, orderly and environmentally responsible development of energy resources in Alberta,' that is the light and the lens through which you see answers to applications like the coal-exploration one. The word 'development' is prominent and clouds all other choices. Article content Article content The rest is just window dressing, not actually considering the effects of an activity on the environment. The AER's political direction, and hence inclination, is weighted to development, not protection. Article content According to the 'rules,' an activity like coal exploration requires only a 'predisturbance site assessment.' This is characterized as a bare-bones minimum for understanding the effects on fish, wildlife, rare plants, riparian areas, wetlands, unstable slopes, water quality, hydrologic changes and a host of other environmental elements, like cumulative effects. Do not think of this as an impact assessment — it's more like a brief windshield tour. Article content Consultants did a 'desktop' review, searching government databases for information, but did not talk to anyone who was a content expert. These databases are a starting point for planning, but fail as a comprehensive source because they are often incomplete, not up to date, and are missing information on overlooked or under-reported species, many of which are species at risk.
