Joint News Release: Environmental groups turn to Alberta Court of Appeal after Alberta Energy Regulator CEO cancels public coal hearing

September 22, 2025

Alberta Wilderness Association (AWA) and the Northern Alberta Chapter of the Canadian Parks and Wilderness Society (CPAWS Northern Alberta) call for the Alberta Energy Regulator CEO’s unprecedented decision to be tested before the provincial courts.

On September 22, 2025, AWA and CPAWS Northern Alberta sought permission from the Alberta Court of Appeal to challenge CEO Rob Morgan’s unprecedented and unilateral decision to cancel a public hearing for Summit Coal Inc.’s proposed Mine 14.

The groups will argue that Morgan did not have the legal authority under the Responsible Energy Development Act (REDA) to overturn an independent hearing panel’s determination that a public hearing was required for Mine 14.

Despite claiming otherwise, Morgan has set a troubling precedent whereby industry can sidestep public accountability by appealing directly to the CEO when dissatisfied with established regulatory procedures or panel decisions.

“In his decision to cancel the Mine 14 public hearing, Morgan appointed himself the de facto judge, jury, and executioner in regulating resource development in Alberta,” says Kennedy Halvorson, conservation specialist with Alberta Wilderness Association.

“It should concern everyone that despite the checks and balances meant to be in place, and the separation of powers supposedly inherent in Alberta’s governing and regulatory processes, one person would assume absolute authority to veto public participation. It is a dangerous precedent we must challenge; the implications otherwise are serious.”

Morgan’s decision undermines confidence in the fairness of the regulatory system and weakens trust in the AER’s ability to balance industry interests with the broader public interest. It raises significant doubts about whether community voices are valued in the regulatory process and is especially concerning given the AER’s mandate to act on behalf of Albertans in managing public waters, lands, and resources.

“One individual should not have the power to cancel a public hearing, especially after the panel assigned to this project had reviewed thousands of pages of submissions and had deemed the hearing useful to their decision-making process. It sets an extraordinarily dangerous precedent for all future coal mine or energy development projects — and eliminates Albertans’ trust in their ability to participate in the regulatory process,” says Kecia Kerr, executive director at CPAWS Northern Alberta.

“As our lawsuit alleged, the CEO lacks the legal authority to make this type of unprecedented decision.”

If the court grants permission to appeal, it will then hear the appeal on its merits and determine whether to grant our request to overturn Morgan’s decision.

CPAWS Northern Alberta and AWA are committed to safeguarding Alberta’s nature using the best available scientific information. Our organizations have been advocating for the protection of public lands and wild areas for decades. This legal appeal is the next step in our commitment to protecting Alberta’s natural heritage.

For more information, contact:

Kennedy Halvorson, Conservation Specialist, AWA, cs1@abwild.ca

Kecia Kerr, Executive Director, CPAWS Northern Alberta, kkerr@cpaws.org

Application Documents: