EDMONTON, AB — A coalition of Canadian conservation groups announced today that they are launching another legal challenge of the controversial Cheviot Coal Mine Project underway near Jasper National Park, Alberta. The groups argue that the federal government's recent authorization of the first part of the mine, called the Cheviot Creek Development, should be quashed because it would result in the destruction of sensitive migratory bird habitat — directly contravening the federal Migratory Bird Conventions Act.
"Simply put, the federal government has authorized activities that are clearly in violation of federal law and will result in the destruction of the habitat for thousands of migratory birds," said Sierra Legal Defence Fund lawyer Justin Duncan. "We are asking the court to immediately quash these authorizations."
On behalf of the Nature Canada (formerly Canadian Nature Federation), Pembina Institute, Jasper Environmental Association, Sierra Club of Canada and the Alberta Wilderness Association, Sierra Legal applied for a Judicial Review at the Federal Court earlier today.
The massive 7,455-hectare mine is proposed for an area that has been designated by the federal and provincial government as 'nationally significant' for its unique natural features. If the open-pit mine is fully developed, the Canadian Wildlife Service estimates that habitat for up to 5,000 songbirds will be lost, including 24 migratory species. Additionally, a federal-provincial review panel found that the mine would have a significant and permanent adverse effect on neotropical songbird and Harlequin duck habitat, reducing the Harlequin population that nests and summers in the area. Since 2001, the Alberta Government's Endangered Species Committee has listed Harlequin ducks as a "Species of Special Concern." Environment Canada described these colourful ducks as good indicators of pristine, wilderness ecosystems; reliant on undisturbed mature and old growth habitat, and streams with healthy invertebrate populations.
"More than ten million tonnes of rock will be permanently dumped on pristine headwater streams and valleys each year for the next fifteen years" notes Dianne Pachal of the Sierra Club of Canada. "That is truly unacceptable for such a hotspot of biological diversity."
In August, the groups launched a similar legal challenge against Cheviot, arguing that the project had fundamentally changed since it was initially reviewed, and that the environmental impact of the new, revised project must undergo a full Environmental Assessment. The groups also argued in both challenges that mitigation and compensation conditions ordered through the previous Environmental Assessment processes have largely been ignored.
The Cheviot open-pit mine is a project of Teck Cominco (TSX: TEK.A, TEK.B) and the Fording Canadian Coal Trust (TSX: FDG.UN, NYSE: FDG), through their Elk Valley Coal Partnership, which runs the Cardinal River Coals operation. The original project was proposed in 1996 and would have processed the raw coal on site. The new, revised project includes expanding the mine area to take in the McLeod River valley and the construction of a high-speed, 24-hour haul-road along its length to truck raw coal 22 km north to the Luscar Mine for processing. An environmental assessment pursuant to the Canadian Environmental Assessment Act has not been performed in relation to the modifications made to the project.
Both cases are expected to be heard in early 2005.
The company's case against the Alberta Environmental Appeals Board for its decision to hold a hearing on author and naturalist Ben Gadd's appeal of the Alberta approvals will be heard in the Court of Queens Bench in Edmonton on Wednesday, November 3, 2004.
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For further information please visit www.sierralegal.org or contact:
Sierra Legal Defence Fund: Justin Duncan, Staff Lawyer (604) 685-5618 ext. 225
Nature Canada: Julie Gelfand, President (613) 562-3447
Sierra Club of Canada: Dianne Pachal, Alberta Wilderness Director (403) 234-7368
Pembina Institute: Chris Severson-Baker, Director, Energy Watch Program (403) 269-3344 ext. 101
Jasper Environmental Association: Jill Seaton (780) 852-4152
Alberta Wilderness Association: Lara Smandych (403) 283-2025