The Elk Valley Coal Mine near Sparwood B.C. – how metallurgical coal is mined in Canada (Photo: Teck Resources Ltd.)

It’s a true Alberta mystery. The notorious Grassy Mountain open-pit coal mine proposal on the eastern slopes of the Rocky Mountains in southern Alberta near the Crowsnest Pass keeps getting killed by the regulatory process – and somehow keeps being resurrected by its deep-pocketed Australian backers who seem to have discovered the way to win the hearts of Conservative politicians and senior bureaucrats. How does that happen, anyway? In 2021, Albertans opposed to potentially environmentally disastrous open-pit mining on the eastern slopes with such vigour that then environment minister Sonya Savage appeared to give up and pull the plug on the idea. By 2022, former Alberta cabinet minister Jason Kenney was dropping hints it could someday be back again – you know, “responsibly.” Now Danielle Smith is premier – and it is back. Professional Biologist Lorne Fitch has some thoughts on how this dark magic works.  DJC
 

How many times do you have to say ‘No’ in Alberta before it sticks?

By Lorne Fitch

Professional Biologist Lorne Fitch (Photo: Lorne Fitch).

Money talks. It says: “Bend over!”
 
The persistence of Benga, now renamed Northback, an Australian mining company owned by mogul Gina Rinehart, is testament to the power of never accepting No for an answer.
 
Money has paved the way for an intensive lobbying effort with Alberta politicians and bureaucrats, only exceeded by the effort displayed by the petroleum industry.
 
The now infamous Grassy Mountain open-pit coal mine proposal has already been turned down by a joint federal/provincial panel, on environmental, economic, social, and health grounds.
 
The proponent, believing they had the fast track to a mine based on promises from the United Conservative Party Government, was furious and appealed the decision. The courts refused to hear the appeal, no doubt believing this had already been dealt with in the panel proceedings.
 
Channelling Mark Twain, in terms of his view of mines, Grassy Mountain has become a metaphorical hole in ground, into which power, influence and money are poured. From that hole in the ground, the owners hope for an answer that does not include “No.”
 
Northback must believe firmly in the proposition that heads they win, tails they get to flip again. Because they are back, flipping under a new name (as if that makes any difference), and applying for a new exploration permit for the same thing they were turned down on in 2021.
 
If nothing else they deserve credit for chutzpah!
 
The Alberta Energy Regulator (AER) is currently accepting statements of concern about this resurrected mine proposal from Albertans. This is the same agency that failed to advise downstream residents of a serious leak in a tarsands tailings pond for months, until confronted by the issue.
 
In the case of this coal exploration proposal they are subjecting Albertans to a flawed form that the agency laughingly calls “user friendly.” Virtually at the beginning of the form you are told you have to be directly and adversely affected by the activity to register a concern.
 
Woe betide you if you are a downstream water drinker, breathe air coming from the proposed mine site, are an angler, a hunter, a camper, a naturalist, a rancher, or any Albertan who has already emphatically said no to coal development in the Eastern Slopes of the Rocky Mountains.
 
You will not penetrate the economic cordon imposed by the AER.
 
Mind you, you shouldn’t have to since we’ve already been through this. A decision has been made and nothing, absolutely nothing, has changed, except maybe the drought has heightened our concern over water. This might matter in many places, but not in Alberta where you have to endlessly parse the fine print for wiggle room, exceptions and deviations.
 
The 2022 Ministerial Order restricts coal projects but does allow for exceptions for “active coal mines, for advanced coal projects and for safety and security activities.” However, the definition of “advanced” means a project is already moving through a regulatory process. The current application for coal exploration on Grassy Mountain does not meet this test.
 
One needs to sift through this with a large degree of incredulity. This project is not in a regulatory process and none of the conditions of the 2022 Ministerial Order have yet been met. Why it is even being considered by the AER is a mystery.
 
I would agree it is an “advanced” project, one that has advanced through a prior legitimate process of review and scrutiny. It has advanced to the point of rejection.
 
The fumbling by the AER and the government of Alberta on this file defies belief and suggests several things. Is there an attempt to subvert both the Ministerial Order and AER process? It raises serious questions on whether lobbying efforts have been successful at circumventing government policy related to coal exploration and development. One hopes that when money talks, policy and the broader public interest don’t walk.
 
It also calls into question how many times “no” has to be said in Alberta before it sticks.
 
Lorne Fitch is a Professional Biologist, a retired Fish and Wildlife Biologist, and a former Adjunct Professor with the University of Calgary.

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25 Comments

  1. Hello Mr. Fitch,
    Thank you for your column. The most plausible explanation is that someone, in addition to the coal company and its owner, is financially benefiting from this proposal and possible development of the mine. This kind of project is an environmental disaster, especially since, as I understand it, the area suffers from drought. One would think that maintaining the watershed is critical.
    Additional issues would include pollution including selenium in waterways, dust, noise, and lack of safety as a result of the significant increase in large trucks on the roads, loss of wildlife habitat, and probably lots of other things that I haven’t listed. The coal mine would not create a significant amount of permanent employment. The existing economy created by outdoor tourism which employs guides and enables hunting and fishing as well as camping and hiking etc. would in all likelihood disappear along with all the services that support tourism. So, there appears to little economic benefit for residents. And there would be the loss of a beautiful area of Alberta.

  2. Gina Rinehart, Australian mining magnate, is described as the richest person in Australia. And judging by her Internet personae, she can also be described, as many Australians have, as a veritable pig-woman. She is of note because she actually bought a PM, Scott Morrison, who lead an idiotic and ill-fated government for four years. Yes, he is the genius who took off on a Hawaiian vacation while the entire southern portion of Australia was engulfed in historically massive and devastating wildfires. And to add insult to injury, he refused to return and do what a PM should because he was on vacation. When he did return, no doubt because his entire government threatened to resign and oust him, he returned for the sake of a few photo-ops with disaster-stricken Australians. Of course, Australians being Australians had enough of Morrison the Moron and proceeded to cat-call him and hurl an abundance of expletives to his face. And then the pandemic hit, Morrison was hated every second of every day. By the time the general election rolled around, Morrison was close to tears because no one understood him. And no one also understood why he held multiple cabinet portfolios while he was PM. No doubt, it may have been because he wanted to keep certain matters in check for his benefactor, Rinehart.

    As for Alberta, Rinehart was able to bribe the locals with a new golf course in exchange for the mine. I’m sure Rinehart felt Alberta was a cheap bargain if that’s all it wanted was a golf course.

  3. Thank you David for giving Mr. Fitch your space to alert us.

    I am as directly affected as 99.9% of Albertans, and just as much left out of decisions, consultations and procedures! I have a proposal – the Government of Alberta has free reign to pass legislation and give the go-ahead to any proposal they wish (as though this isn’t effectively how they view the current situation). In return, all ministers and administration giving approval to projects will, by force, need to only consume food local to the area they have approved projects for, drink the water drawn from the same locations and they need to actually live within 5 kilometers of said projects. In other words, they also will need to be directly affected by their decisions just as they require dissenters to be, and not just financially by the benefactors.

    This is the equivalent of not knowing whether they will be in the group that benefits from their decisions or the group that suffers before they make those decisions. I have suspicions of the differences we would see in governance.

  4. Question— does anyone know what is happening with the lawsuit by Atrum coal for the $3.5/$3.8 ? against the Alberta gov….
    Calgary Herald-sept 21-2022=Australian coal co.files nearly $4 billion lawsuit…..
    CTV news-Alberta gov. faces $3.5 B lawsuit from Australian coal…..

    the Tyee = Andrew Nikiforuk
    Oct 9-2020
    The Australian invasion : Big coals plans for Alberta. Meet the speculators from Down Under aiming to carve up the Rockies with a chain of open pit mines. And the growing revolt.
    ” Rob Tindall another Montem executive, recently compared Alberta’s regulations to those of free wheeling Western Australia in an presentation that was removed from the internet after a Tyee article highlighted its contents. ”

    Coal Association Canada president Robin Campbell* lobbied to achieve what coal mining companies wanted ,the killing of Coal policy restrictions……* he’d previously served as Alberta’s environment minister.

    ( to the alarm of Australia’s powerful mining industry, the judge also cited climate change as major reason for rejection…….
    But in Alberta, a province that has rejected a national carbon tax and lags in policies to mitigate climate change ,Aussie miners are now hoping to recreate the same formula for their past success at home , low royalties, low corporate taxes, minimal regulations and facilitating politicians. )

    Forbes– profile-Gina Reinhart….she criticized what she saw as the ‘socialist ‘ policies of the Australian government of high taxes and excessive regulations.

    All in all, IMHO, sounds like just the kind of people that DS & the UCP are courting.. “Alberta is open for business”

  5. I have to wonder if the UCP, after its near death brush with its electoral fate, has learned nothing and forgotten nothing, much like its PC predecessors did after the last election they managed to win.

    It seems like a number of unpopular things the UCP quit pushing during the recent election are now back on their agenda. However, I doubt this brief absence will make voters feel any better about these ideas.

    Pushing coal mining on the eastern slopes hurt Kenney a lot politically and his party some too. If Smith wants to be a less than one term Premier, she should not keep on going in this direction.

    Last time enough voters were willing to put the blame for such bad ideas mainly on Kenney, but if the party persists in pursuing them, I feel they will not be as forgiving to the UCP next time, even if they dump their leader again after they become too unpopular.

  6. I believe the short window for submitting a statement of concern is over. After several emails to the SOC assessor, she has now assured me that my concerns have been registered and she has requested a written response from Northback Holdings by October 20 (extensions possible). She offered this as well: “Additionally, the AER offers Alternative Dispute Resolution (ADR), which provides concerned parties a variety of options to manage disputes, including direct negotiation between the parties, AER staff-led mediation, and third-party mediation. Please contact the ADR team at [email protected] and review the AER’s ADR Enerfaq for more information on this process.” (Sounds like something I could manage in my spare time after I finish my law and engineering degree…). My ‘land’ (obligatory fields to be filled in on the SOC form are range road, township, meridian) is located 716 km from Grassy Mountain. I just want my mom and dad, various relatives and their cows in Southern Alberta to enjoy their (dwindling) water supply selenium free. I gather there’s not much else going on down there… a trout or two, a couple of First Nations. Heard the potato crop was a good one this year though. I really appreciate the work you have done on this Lorne, as with your all of your contributions.

  7. Then they are surprised some one one day gets a bomb in the mine so that at least they can scare those who do not respect the rule of law. Oh sorry I forgot to mention these are all communists of course.

    1. @Carlos: I feel this comment is offside as it contains at least a veiled threat of violence. DJC should pull it down IMHO. Let the voters of the parts of Alberta most affected by this proposal throw the bums out, but let’s not be talking about bombs in mines.

      1. Jerry: I disagree with your interpretation of the meaning and the intention of Carlos’s comment. Clearly he is warning that violence may result from a rigged and undemocratic approval process, neither advocating nor threatening such an action. His comment will remain. DJC

  8. The only “no” the UCP understands is the no that comes with a brown envelope stuffed with cash – lot of cash. Therefore, and endless number of no’s without that requisite cash will fall on deaf ears. When it comes to the UCP follow the money – always.

  9. Unambiguous expressions of intent indicate the single minded dedication and commitment to the ’cause’, i.e.:

    “Triumphant on Friday, Smith declared she’ll tell companies who delayed putting forth project proposals: “Start now, because we’re going to approve them. We have the constitutional authority to do it.””

    That in itself is both trivial and hardly surprising coming from an industry lobbyist, former or otherwise. Where it is noted that:

    “Money talks. It says: “Bend over!”” [“Up for grabs, up for a price. The claim is on you, the sights are on me. So what do you do that’s guaranteed?”]

    In this context the sexualized metaphors are both well played and suitably appropriate, where; no should mean no, but it is being corrupted to mean yes and/or maybe. Political date rape as an act of political/legal violence it is, then. [“The AER Does Not Have the Jurisdiction to Consider New Coal Applications for the Grassy Mountain Coal Deposit”: Posted on October 13, 2023 by Nigel Bankes]

    https://ablawg.ca/2023/10/13/the-aer-does-not-have-the-jurisdiction-to-consider-new-coal-applications-for-the-grassy-mountain-coal-deposit/

    What we are now beginning to see are both the limitations of choice and the necessary illusions of choice in 21st century democratic institutions, along with the mythical idea(l) of the ‘equal playing field’. The use and implementation of coercive pressures, power hierarchies, and power dynamics are obviously and certainly not intended to ‘equalize the playing field’.

    1. David Parker of Take Back Alberta posted, “Drill, baby, drill,” on X in response to the Supreme Court ruling. Take that metaphor for what you will.

  10. Gina Rinehart is an Australian mining billionaire.
    Gina Rinehart is currently worth about $40 Billion Canadian Dollars.
    Gina Rinehart is the daughter of the original Australian Rinehart mining money magnate.
    Gina Rinehart’s companies want to mine ore in Alberta.
    Alberta could be open to this idea.

    As an Albertan, I might, maybe be open to this idea under the following circumstances:
    Gina Rinehart, her companies doing business in Canada, any and all entities she has influence over, would be required to entirely fund, at their expense, a thorough study of environmental, economic, social, etc. impacts.
    Prior to any decision.
    This study would be funded by Gina Rinehart, upfront. A non refundable escrow account would be established with Gina Rinehart’s money, with trustees as agreed upon by our government.
    The trustees will include significant stakeholders in local areas of concern.
    The authors of this study will involve the most regarded, experienced professionals in their fields.
    Soil erosion, long term pollution, hydro geology, animal migration, the effects of a boom and bust economy on the people who get left behind. Plus all the things my brain can’t think of.
    Albertans deserve the best intelligence. We are a very wealthy province.

    The most experienced, the best professionals may not reside in Alberta.
    We need their help.

    One thing I see over and over again with my American relatives and conservative Canadian relatives.
    And a lot of formally educated Albertans.
    I was one of these assholish Albertan people a long time ago.
    This sense of isolationism, superiority, but ultimate distrust of government from pre 1910 Ukraine-Poland-Russian-Jew-Austro Hungarian Canadian ancestors.
    “We Albertans are so strong, so smart, so educated, so independent, etc.”

    Come together to meet a goal.

    Don’t expect to be best friends with someone who shares that goal.
    Make sure the goal is accomplished.

    At the end of the day, I live in Calgary.
    I cannot do anything about the Livingstone-Macleod provincial election district where Gina Rinehart wants to mine.
    But I always think of Cancer Alley in Louisiana.

    And no, I’m not talking about the mostly kind folks who live there and wouldn’t know where Canada was if you pointed it on a world map.
    It’s about the politics and the money and the corruption and the apathy.

    No one gave a damn, no one voted, the people who live there get no funding for their schools. But they were mostly white and told they were told they were the chosen ones. Too poor to move, too proud to admit they were conned, but proud enough to admit they’re better than that black person they’ve never met.

  11. While Jason Kenney was spreading the lie that coal mining was being done safely in B.C. and we should be allowing it to be done on the eastern slope, Coal Tech was being fined $60 million by Ottawa for polluting water in B.C. and Idaho. As the former MLAs taught me you can’t believe anything these Reformers tell you. None of the ones I knew are still alive I wonder what they would be saying today? You can bet they would be mad.

  12. The UCP also doesn’t take no for an answer. Albertans are the ones who end up paying for their very foolish mistakes. It was fools who re-elected the UCP.

  13. DJC— with all that you have on your plate right now, I have a couple of questions for what I’m sure will be topic in hand— do you know if anyone has asked what will happen to the APP when DS loses the next election* and the next Premier wants to get Albertans back into the CPP, because the pipe dream ended (no pun intended)…then what?
    And what about all the people from out of province (NL etc.) who were paying into the CPP and are now back in their home province, how does /did Lifeworks numbers on those
    people figure into the equation.???
    Wouldn’t that make their contributions subject to their home province’s yearly tax filing, aka place of residence.
    Unless I’m misunderstanding the situation her “theory” about ALBERTANS paying into the CPP plan doesn’t make sense. I’ve worked in 3 provinces, paid into CPP in all 3, so how can 1 of those 3 claim my contributions as being strictly theirs.
    IMHO, buffalo chips on her plans.

    Hey!! it’s a possibility….right?

    1. Randi-lee: (1) Once we’re out we’re out. There will be no going back in. Politically speaking, ever. (2) Not clear. N.S. and Newfoundland workers could well discover they are in the APP even though they were never legal residents of Alberta if they earned most of their living in Alberta. To my knowledge no one has ever answered this question. Lifeworks needs to explain its conclusion – but the author of the report had their name redacted by the Alberta government so we couldn’t ask these questions. (3) I think all three of your provinces could make a claim on your savings. The situation is unprecedented, so it’s hard to answer such questions. I heard it said today that if all provinces pulled out of the CPP according to the UCP/Lifeworks formula, the CPPIB would have to pay our 128% of all the money in the plan. Or maybe it was 138%. Anyway, it was bullshit because the Lifeworks formula is bullshit. DJC

  14. Anonymous and as a lawyer friend would say if he weren’t dead “ A lot are seniors and they should be a lot smarter but they aren’t . Con artists and politicians have made a living at fooling theses fools”. Police officers certainly agreed.

  15. So there’s this anyway. Good job guys.
    “Due to the high volume of Statements of Concern (SOCs) filed against Northback Holdings Corporation (Northback) applications, the AER has granted Northback an extension until November 10, 2023, to respond to all SOCs.”

     

  16. ‘It also calls into question how many times “no” has to be said in Alberta before it sticks.’ We all need to keep this question in mind as we contemplate the potentially disastrous prospect of an Alberta Pension Plan …

  17. I am puzzled as to why people are so against these coal mines. 1st of all you don’t see the mine from the town as the picture depicts for shock effect, you only see it from the air.
    2nd of all, people from Edmonton or other parts north of these coal mines should not be sticking there nose in down there where they don’t live. It does not affect them. So I am glad the AER is only listening to people who live in the area.
    Water concerns down stream, if you are going to voice your concerns then at least have the good sense to talk about the water treatment facilities and methods they have A) developed (as there were none) and B) the capability to remove dang nearly all of the selenium that used to be released into the river in BC and also discuss how farmers on the east side of the Rockies have to provide salt/mineral blocks to their cows as the current water has an insufficient amount as is required for the continued health of their cows. Talk to some ranchers in that area. Yes, get off your butt and go knock on a door there.
    C) And let’s not forget how other companys come to Canada to learn how to mine coal ethically and responsibly and learn those practices to take home and use in their own countries.
    And these coal mines are WITHIN the eastern Rockies and not on the Livingston Range which you can see from highway 22 as you drive south of Calgary towards highway 3. Another picture I have noted widely used by NDP for shock effect.
    If you want to talk water quality in Alberta let’s talk about these disgusting and smelly feed lots in Alberta that are right on the streams and rivers and take note to the urine and excrement that is released into our water systems too.
    The only thing that bothers me is foreigners are buying our resources and benefitting but one look at this thread and “I get it”. Why in the hell would anyone in their right mind deal with Canadians who are SO close minded. You just have to know that is why. Canadians will leave all their resources in the ground and wait….till foreigners buy it, mine it, process it and buy it back.
    Everything we use, wear and need comes from resources in the ground. Get used to it and just quit with the hypocrisies. We all use & need steel, everyone of you on this thread.
    I hope our Premier uses her good common sense as the rest you have NONE from what I can see.

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