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Carscallen LLP Client Granted Party Status in Grassy Mountain Coal Project Permission to Appeal Application in the Court of Appeal

Carscallen LLP Client Granted Party Status in Grassy Mountain Coal Project Permission to Appeal Application in the Court of Appeal


As we previously discussed on the blog here, Carscallen LLP was counsel to the Municipal District of Ranchland No. 66 (“MD Ranchland”) in its successful opposition to the Grassy Mountain Coal Project (the “Project”) in a recent environmental review application for the Project (“JRP Decision”).

Last week, the Court of Appeal of Alberta (“CA”) heard three permission to appeal applications from the JRP Decision, by each of Benga Mining Limited (“Benga”), who is the Project proponent, the Piikani Nation (“Piikani”) and the Stoney Nakoda Nations (“Stoney Nakoda”). Each sought permission to appeal the JRP Decision denying Benga’s application to construct and operate an open-pit coal mine in Southwest Alberta.

MD Ranchland applied for respondent and, alternatively, intervener standing in the permission to appeal applications in the CA based on environmental and economic considerations, and was granted respondent status for Benga’s permission to appeal application.

Arguments from each of Benga, Piikani and the Stoney Nakoda were heard at the CA last week, and a decision from the Court on whether permission to appeal the JRP Decision is granted to the applicants is expected in due course. If permission to appeal is granted, a full panel of the CA will hear the appeal of the JRP Decision.

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Carscallen’s team of experienced litigators has successfully represented clients at all levels of court and before tribunals in Alberta and Canada. Our extensive litigation experience allows us to focus on practical, common sense legal solutions to disputes. We represent public corporations, private enterprises and individuals and are adept at tailoring unique solutions to meet your needs and protect your interests. We have achieved regular and consistent success at trial and appellate levels of courts and before various tribunals, and we have a strong track record of effectively resolving disputes outside the formal legal process through mediations and arbitrations.

Please contact any member of our Commercial Litigation team with any questions you may have about any litigation-related issues.

*This update is intended for general information only on the subject matter and is not to be taken as legal advice.

*This update is intended for general information only on the subject matter and is not to be taken as legal advice.

Posted: December 16, 2021
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