First Nation seeking court ruling on Alberta ending coal mining moratorium

An Alberta First Nation is asking a judge to review the provincial government's decision earlier this year to end its moratorium on coal mining. In an application for judicial review filed this week, Siksika Nation says Alberta failed in its duty to consult when in January it lifted its moratorium on new coal mining projects on the eastern slopes of the Rocky Mountains.

Siksika Nation, 95 kilometres east of Calgary, says the effects of coal mining in the Rockies threaten Treaty rights and the land that supports its livelihood. It's the second time Siksika Nation has challenged a United Conservative Party government's coal mining decisions.

When Alberta lifted its long-standing coal policy in 2020, Siksika challenged the move in court, but proceedings were discontinued the following year when public outrage spurred the province to reinstate the policy.

That policy flip-flop prompted coal companies to sue Alberta for a combined $16 billion, arguing that the reinstatement and effective moratorium amounted to expropriation of land. The province recently reached settlements with two companies involved in the lawsuit for undisclosed amounts.

Energy Minister Brian Jean's office didn't immediately respond to a request for comment.