Benga Mining Knocks Court of Appeals for Grassy Mountain Coal Mine
The Canadian Press reported that Benga Mining Limited has filed a request with the Court of Appeal of Alberta in regard to its Grassy Mountain Coal Project after a decision by a review panel that rejected the open-pit coal mine in Alberta’s Rocky Mountains project as being not in the public interest. The application for the appeal is to be heard on Sept. 9.
In the court filing, Benga says a June 17 decision by a joint federal-provincial review panel, including the Alberta Energy Regulator, contains errors of law and procedural fairness that warrant the granting of permission to appeal. Benga contends that the joint review panel erred in law by ignoring relevant evidence from Benga, or misconstruing that evidence, regarding surface water quality, the westslope cutthroat trout and habitat, and Project economics. As a result, the JRP, in its capacity as the AER, improperly found Benga’s evidence and plans to be inadequately developed and potential benefits overstated.”
In the June decision, the review panel said the significant adverse environmental effects on west slope cutthroat trout and surface water quality likely to be caused by the mine outweigh the low to moderate positive economic impacts of the project.
Benga says the metallurgical coal mine in the Crowsnest Pass area of south western Alberta would create hundreds of jobs and produce up to 4.5 million tonnes of coal per year over a mine life of approximately 23 years.