Representatives of Stoney Nakoda Nation are among those appearing before Justice L. Bernette Ho today (Dec. 8) to seek permission to appeal the Grassy Mountain decision.

In June, the Alberta Energy Regulator categorically rejected Benga’s applications for the Grassy Mountain coal project.
Benga Mining maintains the Alberta Energy Regulator erred in law and contravened procedural fairness when it rejected the Grassy Mountain open-pit coal mining application. Requests of Stoney Nakoda, as well as the Piikani Nation, rest heavily on the claim that government did not fulfill its constitutional duty to consult and accommodate First Nations.

"The (panel) did not properly assess the impact that rejecting the project would have on Stoney Nakoda Aboriginal and treaty rights and economic interests related to the accommodation of those rights," states the Stoney Nakoda application submitted in July.

The Piikani First Nation filed a similar request the week previous.

Benga Mining Limited, a wholly-owned subsidiary of Riversdale Resources Ltd., proposed to construct and operate an open-pit metallurgical coal mine approximately seven kilometres north of Blairmore.