Rosebud Update: Conservationists apply for judicial review of Alberta Environmental Appeals Board, alleges bias
May 13, 2024
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The Rosebud is home to species at risk, including federally-listed bank swallows. Photo © R. Luo
On May 13, 2023, local landowners, farmers, conservationists, photographers and concerned residents and business owners from Rosebud, Alberta applied for judicial review of two decisions by the Alberta Environmental Appeals Board and the Minister of Environment and Protected Areas.
The judicial review application alleges two forms of bias by the Environmental Board. First it alleges that the Alberta Environmental Appeals Board is institutionally biased because the Board lacked funding to offer a full hearing. The local residents state the Board told them on three occasions they did not have enough money to offer the hearing the residents sought.
“This is an issue that affects all Albertans, not just us. Why are we giving this Board anything to do if they don’t have the money to do it?” asks Wendy Clark.
The judicial review application also alleges that the appointment of Board members created a “reasonable apprehension of bias” because the members were appointed to ensure that “[the Badlands Motorsports Resort near Rosebud] can proceed”.
This allegation stems from a freedom of information request of the Board made by Richard and Wendy Clark. One of the documents they obtained was a cabinet briefing appointing members to the Environmental Appeals Board.
“We are frustrated that we spent more than four years in front of a Board whose members were appointed to approve this project” says Wendy Clark, one of the landowners applying for judicial review. “Given the Board’s decision, we see this process as deeply flawed and a waste of time,” she continued.
The judicial review application also puts the fight between federal and provincial jurisdiction directly before the Court.
The application states the provincial Board ignored federal critical habitat protection when it decided to “destroy [that] critical habitat”.
“We have a species—the bank swallow—that is almost completely wiped out,” says Rick Skibsted, another of the local residents seeking judicial review. “That critical habitat is there for a reason. Why ignore it? It makes no sense.”
The local residents say they will ask the Court of King’s Bench to grant them a stay of proceedings to prevent the loss of critical habitat while they wait for a final hearing date. “We have a lot more to say and we have a lot more fight in us,” says Rick Skibsted. “This was only one battle. We’re farmers—we don’t give up. We’re going to see this through to the end and we’re looking forward to the whole story coming out and for a Court Justice to take a hard look at what was done here.”
View the application is here.
Contact:
Richard & Wendy Clark – 403-823-0012
Rick Skibsted – 403-820-1523
