Alberta’s Supreme Court has denied a request to appeal against a regulatory decision not to approve the Grassy Mountain coal mine in the province’s Rocky Mountains.
In a decision released Friday, the Alberta Court of Appeal rejected the request of Benga Mining and two first nations in the area.
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Benga argued the environmental review panel that blocked the mine’s approval did not take into account all the expert evidence available to it.
The Stoney Nakoda and Piikani First Nations argued the refusal violated their constitutional rights by failing to take into account the economic benefits they would receive from the development.
But the court disagreed, saying Benga merely claims the review panel should have preferred the company’s evidence over that offered by opponents.
It adds that the review panel was well aware of what the First Nations had to draw from the Grassy Mountain project.
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In its June decision, the review panel said that the mine’s likely environmental effects on fish and water quality outweigh what it calls the low to moderate positive economic impact of the project.
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