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ARTICLE · 28 MARCH 2024

Alberta First Nations Court Challenge Provides A Lifeline For Grassy Mountain Project

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On February 12, 2024, the Federal Court issued its decision, Benga Mining Limited v. Canada (Environment and Climate Change), 2024 FC 231, which addressed three applications for judicial review...

CanadaEnvironment
Bridget Gilbride
Bridget Gilbride
Zach Romano
Zach Romano
Samuel Geisterfer
Samuel Geisterfer
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On February 12, 2024, the Federal Court issued its decision, Benga Mining Limited v. Canada (Environment and Climate Change), 2024 FC 231, which addressed three applications for judicial review of the federal government's refusal to issue environmental assessment approvals of the Grassy Mountain Steelmaking Coal Project ("Grassy Mountain Project").

The project proponent's application was unsuccessful, but the applications brought by the Piikani Nation ("Piikani") and the Stoney Nakoda Nations ("Stoney Nakoda"), were allowed, sending the decisions back to the federal government for additional consultation and re-determination. These applications are unusual as Piikani and Stoney Nakoda support the proposed project and seek that it be approved.

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