Grassy Mountain Recap + What’s Going on in the Eastern Slopes?

January 22, 2025

An update by Kennedy Halvorson, conservation specialist

With the public hearing for Northback’s Grassy Mountain exploration project now complete, I had been initially working on an update for you highlighting some the key moments that had came out of the sessions.

But that would’ve been too simple right? While we were out protesting in front of the Alberta Energy Regulator (AER), listening in person, watching the live broadcast, or pouring over hearing transcripts last week, Brian Jean, the minister of Energy and Minerals was up to something else entirely!

Minister Jean issued a new ministerial order on Jan. 15, while everyone’s attention was understandably elsewhere. Not that you could’ve seen it anyways – it was notably absent from the government’s news, publications, and ministerial order directory website, and also was not published in the most recent edition of the Alberta Gazette. It only became known to the many interested and affected parties when the Alberta Energy Regulator (AER) posted a bulletin about it on Monday.

The order rescinds the ban previously established on coal exploration and development in the Eastern Slopes and reverts protections back to those found within the 1976 Coal Policy.

This means that Coal Categories 2, 3, and 4, categories that cover beloved and important areas including the Bighorn backcountry, Cardinal Divide, Kakwa, Livingstone-Porcupine Hills, and around Little Smoky are once again open to industry and further coal development.

The order also re-activates all the contentious coal leases that had been approved when the government had originally rescinded the 1976 Coal Policy altogether, which represents almost 190,000 hectares within previously restricted and environmentally sensitive areas. Leaseholders can now pick up on their project applications right where they left off in 2021.

The initial moratorium on coal exploration and development was established after widespread and sustained public pressure, demanding that the government re-evaluate how the industry is regulated in the province. However, despite having years to implement the recommendations for improvement that were identified during the public consultations, nothing has changed.

The government has not established who is responsible for liabilities produced through exploration activities, nor addressed the issue of legacy mines and disturbances. Most regional and sub-regional land-use plans are absent or still require updating. They also have not come up with a modernized coal policy, they’ve simply announced they’re planning to do so.

To say this order is premature is an understatement; all the same problems still exist, and the Eastern Slopes are now less protected than they’ve historically been. The government has stated that lifting the ban was in part to address the $15 billion sought by five coal companies as compensation for perceived loss of their development rights during the whiplash of policy changes throughout 2019 to 2022. The company’s court challenge was recently emboldened following some unfortunate comments from Minister Jean, which the ministry later acknowledged were “not appropriate” and required the government to file “a statement of defense denying the allegations.”

However, there is no indication that these companies will necessarily withdraw their court case, meaning the Alberta government (and taxpayers) could still be on the hook for the billions in compensation AND these coal lease areas can now be developed into mine sites.

To be frank, this is horrible news. AWA, along with many others, will be working hard to restore protections back to the Eastern Slopes. If you are interested in helping, we have a letter template available on our website, or you can call the Minister directly (and often) at 780-427-8050.

Updates from the Northback hearing

As you know, I represented AWA at part one of the Northback hearings in December as a limited participant. The hearing is centred around the company’s application to explore for coal on Grassy Mountain. Part two of the hearings happened last week for full participants (think ranchers, landowners, Indigenous Nations etc.). Expect a decision from the AER on the applications within the next three months. In the meantime, transcripts from all five hearing dates are available on the AER’s website for your perusal, but if you’re not keen to wade through hundreds pages, here are some notable moments:

Northback confirms that this exploration proposal is in fact not just to gather more data, as previously asserted by the proponents, but part of the same project as the previous Grassy Mountain proposals (pg. 494, January 13, 2024).
Northback reveals that they are currently in the midst of preparing new applications for a commercial coal mine. (pg. 554-555, January 13, 2024).
Northback has not completed a detailed hydrological assessment for the purposes of this program and does not know the underlying geology or the hydrogeological characteristics, factors such as depth to groundwater, hydraulic conductivity (pg. 596, January 13, 2024).
The locations that Northback intends to drill on are not all within the legacy mine disturbance, but on land used for other purposes like cattle grazing and logging (pg. 509 – 510, January 13, 2024).
It’s also confirmed that Northback and predecessors are past the AER’s deadlines to fulfill all the reclamation requirements for previous exploration programs, having yet to receive the necessary certifications from the AER (pg. 558, January 13, 2024).
Northback has repeatedly asserted to local communities and affected parties that should these applications be approved, that they will reclaim Grassy Mountain. However, Northback notes they are not currently bound by the regulator to reclaim any legacy disturbance (pg. 557-558, January 13, 2024).