Coal miners, environmentalists wrangle over Alberta coal mine hearing costs

The battle over a coal mine in Alberta's southern Rocky Mountains continues to rage six months after the Grassy Mountain project was denied, as the company and its opponents wrangle over who pays costs for the hearing that turned the proposal down.

Benga Mining, on the hook for the costs, wants them trimmed drastically and claims some groups owe the company money.

Environmental groups say their costs finance essential public debate and add Benga's aggressive response makes it harder for those who question the claims of resource companies.

"Benga's attempt to impugn the motives of … public interest interveners is wholly inaccurate, unfair and sets [a] nasty and confrontational tone," says a letter from the Timberwolf Conservation Society to the Alberta Energy Regulator, which rules on which costs Benga must pay.

Alberta law allows citizens appearing before regulators to apply to have their costs reimbursed by project proponents. The law is intended to make those who benefit from development pay the expense of ensuring it's done right.

In June, the regulator denied Benga Mining's application for the Grassy Mountain mine in Alberta's Crowsnest Pass, a rare refusal later echoed by the federal government, which was also involved in the review. Benga has appealed that decision.

Four environmental groups, a municipality, a First Nation and an individual have applied for a total of $1.3 million to try to recoup the costs of expert testimony, legal advice and research, the regulator says.

But Benga has the right to question the claims and is doing so. In a letter from lawyer Martin Ignasiak, the company suggests that those groups weren't constructive.

"Benga views the [assessment] procedure, and the [regulator's] costs regime, as processes intended to compliment (sic) a system that promotes collaborative efforts and constructive input, rather than one that encourages persistent intervention in opposition to any form of development," it says.

Benga says the groups are well-funded and used the Grassy hearings to raise more money.

It throws doubt on the billings of lawyers and the value of reports filed by biologists, hydrologists and other environmental scientists. It points out some groups also received federal participant funding.

It asks the regulator to reduce the a claim from Livingstone Landowners Group — a coalition of local ranchers and landowners — by 61 per cent, to $150,000.

It says the application from Timberwolf Conservation Society should be reduced 91 per cent to $8,200. It wants a claim from the Canadian Parks and Wilderness Society cut by 99 per cent, to $1,100.

Benga argues it shouldn't be charged for any of the Rural Municipality of Ranchlands' $185,000 claim. And its letter says, when advance funds granted to the Alberta Wilderness Association are taken into account, the group should pay the company back $2,300.