Permission to Appeal Granted: AWA and CPAWS Northern Alberta progress in challenging Alberta Energy Regulator’s Decision to Cancel Public Hearing for a Coal Mine

Amiskwaciwâskahikan/Edmonton | Moh’kinstsis/Calgary, AB | The Alberta Court of Appeal has granted permission to Alberta Wilderness Association (AWA) and the Canadian Parks and Wilderness Society Northern Alberta Chapter (CPAWS Northern Alberta) to appeal the CEO of the Alberta Energy Regulator’s (AER) decision to cancel a public hearing for Summit Coal Inc.’s Mine 14 project.  

Applying for permission to appeal is an important first step in appealing a decision; bringing a case before the Court of Appeal requires proving there is a case to be made.   

Permission to appeal was granted on all grounds presented by AWA and CPAWS Northern Alberta, which argued that the CEO of the AER acted unlawfully. The justice noted responses made by the AER and Summit to the appeal request “raise more issues than they resolve”.  

“The judge agrees that this is an important issue that deserves the attention of the courts meaning we have made it over the first hurdle. Now we will get the chance to make the arguments and win the case.” – Kennedy Halvorson, Conservation Specialist with Alberta Wilderness Association.  

The judge agreed with the applicants (CPAWS Northern Alberta and AWA) that the issues raised affected the independence of hearing commissioners in public proceedings and affected the fairness and transparency of the AER’s system. The judge also noted that an appeal would not unduly delay the underlying proceeding since the hearing had already been adjourned until February 2026 at Summit Coal Inc.’s own request. The next step will be an official hearing to prove there has been an error of law, where the court will hear arguments and review the evidence provided.  
 
“In this decision, the Court has recognized that there is merit to the argument that the CEO of the AER acted unlawfully, and our organizations are relieved that this issue will get time in front of a judge. Careful consideration of decisions that impact Alberta’s lands and water is something that all Albertans deserve.” says Tara Russell, Program Director with CPAWS Northern Alberta. 

AWA and CPAWS Northern Alberta look forward to the ruling of the justice and are optimistic that the court will decide that the CEO’s decision was unlawful.  

If successful, the cancellation decision by the AER’s CEO will be struck down and the matter will be remitted back to the hearing panel assigned to adjudicate the applications.  

You can see the decision from the Court of Appeal here.