The Alberta Energy Regulator (AER) has approved several applications for Mine 14, an underground coal mine near Grande Cache, following an unprecedented decision by the regulator’s CEO to cancel a public hearing.
Two conservation groups, Alberta Wilderness Association (AWA) and Canadian Parks and Wilderness Association (CPAWS), were planning to grill the project proponent Summit Coal Inc. about potential impacts to the Smoky River and surrounding habitat at a hearing scheduled for Oct. 21.
However, as The Rockies.Life previously reported, AER CEO Rob Morgan abruptly canceled the hearing in late August after the company complained in letters to the regulator and the Ministry of Energy and Minerals.
Last month the AWA and CPAWS challenged Morgan’s decision in the Alberta Court of Appeal. In an affidavit submitted to the court, lawyers representing the two conservation groups highlighted an AER letter dated Oct. 3, 2024 informing the regulator’s Chief Hearing Commissioner Alex Bolton that Summit’s applications “should be decided by a panel of hearing commissioners.”
The lawsuit further alleges that Morgan violated the Responsible Energy Development Act when he unilaterally killed the public hearing, depriving concerned groups and citizens of the opportunity to have Summit answer questions directly.
Summit is owned by Australian company Valory Resources Inc.
The recent approvals give Summit five permits – a water term license, water act approval, coal mine license amendment, coal mine permit amendment and an Environmental Protection and Enhancement Act permit.
Kennedy Halvorson, a biologist and conservation specialist with AWA, said the approvals won’t affect the group’s court challenge.
On Nov. 6, lawyers will request permission from the Court to proceed with their appeal.
“If the Court grants permission, then we move forward with the appeal,” Halvorson told The Rockies.Life. “The recent approvals do not impact our court submissions or appeal. However, the outcome of the appeal could impact the approvals. If the Alberta Court of Appeal determines that Morgan lacked authority to cancel the public hearing for Mine 14, then he also lacked the authority to have Summit’s applications decided by the AER’s regulatory branch, which would render the approvals invalid.”
The provincial government is working behind closed doors with industry to develop the Coal Industry Modernization Initiative (CIMI). It’s meant to guide where and what type of coal mining will be permitted on the eastern slopes.
Despite CIMI still being a work in progress, coal mine development and approvals are proceeding. Though Valory Resources has made no announcement or acknowledgement of the approvals, the stage has been set for mine development.
