Environmentalists in court

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A group of environmentalists were back in court on March 1, trying to get a review of the decision to approve the Cheviot coal mine, to be located near Jasper National Park, a World Heritage Site.

"We [environmental coalition] were happy to finally have all of our arguments heard," said Dianne Pachal of the Alberta Wilderness Association.

The Alberta Wilderness Association, Canadian Parks and Wilderness Society, Canadian Nature Federation, Jasper Environmental Association, and Pembina Institute initially launched their suit almost two years ago.

In the hotseat was an environmental assessment carried out by a provincial-federal review panel in 1997. The panel, which did approve the mine, held hearings in Hinton on the controversial project. The provincial and federal governments also later approved the mine.

Environmentalists argued in court that the review panel failed to take into consideration the cumulative effects of the mine, as well as other industrial projects in the area.

"This has been called a precedent-setting case so we realize that it makes a decision more difficult. But we are confident in our arguments.... As Canadians we have to remember that we have other places for coal but very few for another mountain park," said Pachal.

The six groups also maintain that authorizing two remaining permits for the $250-million mine means thousands of tons of rock would be dumped into the habitat of Harlequin Ducks and migratory songbirds. And that violates the Migratory Birds Convention Act. Although the three-day hearing ended March 3, a ruling could take several months.

The Mountain Cree Camp, formerly called the Smallboy Camp, and Treaty 8, had gained intervenor status in the initial trial but decided to forgo the appeal process. Nevertheless, Buff Parry, who has been spearheading the 160-member camp's fight against the mine, is pleased with the coalition's victory.

"We [Chief Wayne Roan and the Mountain Cree Camp] don't want to see this mine go ahead so it can be stopped at this point, it's good news for us," explains Parry.

Parry was in court on March 3 to respond to Justice Douglas Campbells' questions about the status of two intervenors in the case. Speaking on behalf of Chief Wayne Roan of the Mountain Cree Camp and Jim Badger of Treaty 8, Parry withdrew the two groups' "intervenor" status in the case. Parry cited "breach of trust" as the reason for the pull-out.

"We didn't feel we were properly consulted on the issue of a proposed park several months ago, so we were not confident in going ahead with the environmentalists. We were headed in a very different direction, so we felt it was best to cut ties."

Work on the 23 km long mine has yet to start because only two of four federal authorizations required have been issued, including one for a transportation corridor and the second for the construction of a processing plant. The remaining two authorizations include one for the environment (water & pollutants) and another which is the actual licence to mine the area.

Cardinal River Coals (CRC) says that the delay in the Cheviot project, has been due to the ongoing court case and the sharply declining prices of coal in Japan. Cheviot officials promise a decision on future plans for the mine before the end of March.

"The question, perhaps, isn't so much about if we start the project, but when," explains Bob Logan, senior environmental Planner with Cardinal River Coals.

"In terms of the court case... we've been quite confident all along in addressing public concerns.... We are willing to jump through another hoop if, worst case scenario, we need to hold another hearing." The Cheviot mine would replace the existing Luscar mine, which employs approximately 450 people.