Timeline of events for the public hearing for Summit Coal Inc.’s Mine 14 project

October 13, 2026

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In the subalpine and montane ecosystems of Grande Mountain, Summit Coal Inc. hopes to develop an underground, room-and-pillar style coal mine just over three kilometres northeast of Grande Cache, overlooking the Rocky Mountain hamlet. Details of the proposal include the extraction of 1.3 million tonnes of raw, metallurgical coal from the site annually, spanning around 250 acres on the surface and over 1,200 acres underground.

The development of Mine 14 has been in limbo for almost two decades, Summit’s last self-imposed hiatus in 2012 due to unfavourable market prices for coal. Renewed pursuit to get the project running only began again in 2021 – 2022 when prices began to rise (notably, prices for metallurgical coal have already fallen significantly from their peak in 2022).

Most of Mine 14’s current permits and licenses are well over a decade old, based on an environmental assessment submitted in 2007. Both the environmental protection standards that the government seeks to uphold and the environmental conditions of the region itself have changed considerably since the original assessment. The proposed project footprint of Mine 14 overlaps important mountain goat and bighorn sheep habitat, Alberta’s Grande Cache Grizzly Bear Management Area (BMA2), and the Berland and Upper Smoky Caribou Planning Area Regions.

Timeline:

2023

July 23 – Summit Coal Inc. applies to the Alberta Energy Regulator (AER) under the Environmental Protection and Enhancement Act, Water Act, Coal Conservation Act, and Public Lands Act to develop an underground coal mine.

August 25 – AWA provided a Statement of Concern to the AER, requesting the regulator deny Summit’s applications due to the significant economic, environmental, and societal risks posed by the mine.

October 5 – The legal counsel for Summit sent a letter addressing all the individuals, organizations, and communities who had submitted a statement of concern regarding their proposed Mine 14 expansion. Summit requests that the majority of filers’ statements of concern be dismissed or disregarded, and states that those that remain do not warrant a public hearing.

2024

May 24 – The company’s legal reps sent a letter requesting the AER promptly wrap up their process. The letter concluded stating, “Summit respectfully requests that the AER grant the Applications without a hearing and issue the applied-for approvals in a timely manner”.

October 2 – Summit sends another letter that “urges the AER to render a decision approving the [Mine 14] Applications as soon as possible”.

October 7 – The AER responds to Summit, stating that the statements of concern received warrant holding a public hearing. The AER goes on to state,

“Hearings are led by hearing commissioners who are independent from the day-to-day operations of the AER. I assign one or more hearing commissioners to sit on hearing panels to decide matters sent to them by the AER. Their decisions may only be reviewed by the Court of Appeal of Alberta and they must adhere to the Hearing Commissioner Code of Conduct.”

November 26 – The AER issued a formal Notice of Hearing, setting out how interested parties can request to participate in Proceeding ID 449: Summit Coal Inc, Mine 14 Underground Coal Mine.

December 17 – AWA requested to participate in the AER’s public hearing on applications submitted by Summit Coal Inc. for the Mine 14 Underground Coal Mine Project.

2025

February 7 – AWA is granted full participation rights in Proceeding 449 by a panel of AER hearing commissioners. The hearing commissioners found that AWA “demonstrated that it has a tangible interest in the subject of the proceeding”, and “may have information that can assist the panel in reaching its decision on the applications”. They also stated that,

“Full participation allows AWA to file written submissions according to the schedule to be set by the panel, speaking to those submissions at the hearing, being questioned by Summit, any other party that is adverse in interest and the panel, cross-examining Summit, and submitting final arguments.”

February 11 – Summit Coal Inc. requests Proceeding 449 be postponed to give them “sufficient time to consult with its investors and other key stakeholders”, as the AER’s “decisions have significant implications for the future of the Mine 14 Project”.

February 25 – Summit’s legal representatives sent a letter to the AER requesting a pre-hearing meeting to determine what they characterize as “substantive issues” with the proceedings. Summit also requested to set a timeline they want AER to abide moving forward, attempted to limit what AWA should be permitted to speak about during the public hearing, and called into question the AER’s decision to include AWA in the proceedings.

March 3 – The AER promptly responded, denying Summit’s requests.

June 18 – As required of full participants in the Summit Coal Mine 14 public hearing process, AWA filed a written submission with the AER, detailing AWA’s concerns about the project. An expert toxicologist’s report was also undertaken and filed to support the submission. The accompanying appendices are available here. Summit sent a letter to the AER again requesting the public hearing be cancelled on the basis that four statements of concern had been withdrawn.

June 20 – AWA and CPAWS NAB’s legal council responds, asking the Alberta Energy Regulator to reject Summit’s request to cancel the hearing.

June 25 – Summit replies, restating their request for the hearing to be cancelled. The AER responds, stating “To be clear and certain about what Summit seeks from the panel, if Summit wants to make a request to the panel, it must file and serve a motion in accordance with the Alberta Energy Regulator Rules of Practice”.

June 27 – Summit an official motion to cancel Proceeding 449, the public hearing for their Mine 14 project, arguing that the proceeding no longer contains any participants who are opposed to the Applications and who may be directly and adversely affected by the AER’s decision.

July 9 – The legal council of AWA and CPAWS NAB responds to Summit Coal Inc.’s motion to cancel the public hearing. They emphasize that based on the AER Hearing Panel’s direction, both organizations have undertaken extensive efforts, including retaining of relevant experts to assist the regulator in this process. They note it would be a breach of natural justice, procedural fairness, reasonable expectation, and failure to consult to deny the continuation of the process.

July 15 – As per the public hearing protocol, Summit Coal Inc. replies again to AWA and CPAWS NAB response.

July 23 – The AER rejects Summit Coal Inc.’s motion to cancel the Mine 14 public hearing, stating they “expect CPAWS NAB and AWA to provide information at the hearing that can assist [them] in reaching [their] decision on the Applications”.

July 28 –  Valory Resources Inc., owner of Summit Coal Inc., sends a letter to the Minister of Energy and Minerals, accusing the AER of “delaying jobs in Grande Cache and construction of Mine 14 by holding a public hearing”, noting they are “concerned and disappointed with Alberta’s regulatory processes”.

July 29 – Summit files a motion to adjourn the Mine 14 public hearing, to “reassess whether proceeding with the Applications continues to be in the interests of its shareholder.”

August 6 – Summit files a motion to the CEO of The Alberta Energy Regulator (AER), requesting that he reconsider the AER hearing panel’s decision to deny cancelling the Mine 14 public hearing. In this motion they included a list of the conditions and requests that they would be willing to comply with in the event that the mine was permitted to go through.

August 8 – The Alberta Energy Regulator partially grants Summit Coal Inc.’s motion for adjournment to February 9, 2026. An update to the status of the reconsideration is requested by August 21, 2025, which will determine the time and/or occurrence of the hearing.

August 11 – The Alberta Energy Regulator requests a reply from all full participants regarding Summit’s Coal Inc.’s request for reconsideration by August 15.

August 15 – The legal council of AWA and CPAWS NAB replies to Summit’s Coal Inc.’s request for reconsideration, opposing the reconsideration request.

August 21 – The CEO of The Alberta Energy Regulator (AER) decides to cancel the hearing for Proceeding 449, and to leave the decision of whether the mine application will be accepted up to the Regulatory Application Branch, based on written submissions only.

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

September 24 – The Regulatory Applications branch of the AER issued approvals for Summit Coal Inc.’s Mine 14 Applications to build and operate an underground metallurgical coal mine near Grande Cache, Alberta.

November 5 – The Globe and Mail reports on a series of e-mails uncovered by a freedom of information request that reveal meetings discussing the public hearing for Summit Coal Inc.’s Mine 14 project took place between the Alberta Energy Regulator CEO, Valory Resources (Summit’s parent company), and the Minister of Energy and Mineral’s office prior to the hearing’s cancellation. In the documents, Valory Resources reps were quoted saying, “It is the win/win/win for everyone” in reference to their request to the CEO to cancel the hearing. The Globe notes the email discussions raise “questions about the independence of the province’s energy watchdog”.

November 6 – AWA and CPAWS Northern Alberta raise three issues before the Justice in the Alberta Court of Appeal:

  • Did the Alberta Energy Regulator CEO err in his interpretation of his own authority under the Responsible Energy Development Act (REDA)?
  • Did he breach his statutory authority under REDA?
  • Did he err in law or act unreasonably by misinterpreting and misapplying provisions within REDA without justification?

November 25 – The Alberta Court of Appeal granted permission to AWA and CPAWS Northern Alberta to appeal the AER CEO’s decision. Permission to appeal was granted on all grounds presented by AWA and CPAWS Northern Alberta, which argued that the CEO of the AER acted unlawfully. The Justice noted responses made by the Alberta Energy Regulator and Summit Coal Inc. to the appeal request “raise more issues than they resolve”. The court of appeal date is set for October 14, 2026.