That decision was challenged in federal court by Coalspur and the Ermineskin First Nation. The court met with 44 Indigenous bands, including Ermineskin, who support the expansion for economic reasons. Ermineskin argued that Wilkinson’s decision violated its treaty rights because he failed to consult them. (Coalspur’s suit was thrown out after the Ermineskin ruling.)
“Following the reconsideration process, I have determined that the physical activities warrant [federal] designation,” Wilkinson said in a statement regarding the proposed Vista expansion project.
He continues to insist that federal review is needed because of the size of the expansion and its potential threats to areas of federal jurisdiction such as waterways and biological habitat. Moreover, a review is necessary to engage with other Indigenous communities who oppose the expansion.
The Vista expansion project is currently undergoing a provincial environmental assessment by the Alberta Energy Regulator. The mine began production in 2019, producing 6.5 million tonnes of thermal coal annually for export to customers in Asia. The planned expansion would make it the largest thermal coal mine in North America.
Coalspur Mines applied for creditor protection in June, and the mine is currently being operated by Bighorn Mining, an affiliate of Cutlass Collieries and US-based Cline Group.
(This article first appeared in the Canadian Mining Journal)
