Alberta Court of Appeal allows appeal of coal miner’s exploration applications

In a ruling released Thursday, the Alberta Court of Appeal said it will hear arguments from the Municipal District of Ranchland.

Alberta’s top court has allowed a southwestern ranching community to appeal the provincial energy regulator’s decision to accept applications to explore for coal in the Rocky Mountains.

In a ruling released Thursday, the Alberta Court of Appeal said it will hear arguments from the Municipal District of Ranchland that the Alberta Energy Regulator shouldn’t have accepted three applications from Northback Holdings for work at the Grassy Mountain site in southwestern Alberta.

“I find that a serious, arguable issue is established,” wrote Justice Kevin Feth.

The Australian-owned company is trying to develop a coal mine at the site in the Crowsnest Pass area despite the fact the same project, under a different company name, has previously failed to pass an environmental review. As well, the Alberta government has issued an order blocking coal development in the Rockies.

But the government order contains an exemption for projects considered to be “advanced.”

In November 2023, Energy Minister Brian Jean wrote the Alberta Energy Regulator suggesting Northback’s applications be accepted. He said because the project had previously come before regulators, it should be considered advanced and exempt from the order.

The regulator then accepted Northback’s three applications.

Feth said the court needs to weigh Ranchland’s argument that a project, once rejected by a regulatory body, no longer exists and can’t be considered advanced.