Advisory: AWA and CPAWS Northern Alberta Go to Court

Tomorrow Alberta Wilderness Association (AWA) and CPAWS Northern Alberta are going to court.

This is the first step in a legal challenge to the unprecedented and unilateral decision made by the Alberta Energy Regulator’s CEO to cancel a public hearing for Summit’s Mine 14 coal mine, owned by Valory Resources. CPAWS Northern Alberta and the Alberta Wilderness Association’s hearing for permission to appeal will be at 9:30 am Thursday, November 6th.

We will be asking the Alberta Court of Appeal to grant permission for the appeal to proceed. AWA and CPAWS Northern Alberta will argue that because the CEO’s “unprecedented” decision to cancel a public hearing has far-reaching and consequential implications on the regulations of energy development in the province, the appeal should be allowed to proceed. The AER CEO’s decision to unilaterally cancel the public hearing for Summit Coal’s Mine 14 applications undermines confidence in the fairness of the regulatory system and weakens trust in the AER’s ability to balance industry interests with the broader public interest. It raises significant doubts about whether community voices are valued in the regulatory process and is especially concerning given the AER’s mandate to act on behalf of Albertans in managing public waters, lands, and resources.

The issues being raised in our appeal to the court are:

• Did the AER’s CEO err in his interpretation of his own authority under the Responsible Energy Development Act (REDA)?
• Did he breach his statutory authority under REDA?
• Did he err in law or act unreasonably by misinterpreting and misapplying provisions within REDA without justification?

Anyone may watch the live proceeding: Please see attached documents for how to access the court proceeding online.

Please note that recording of court proceedings is prohibited.