On July 2, 2025, Siksika Nation (“Siksika”) and Kainai Nation (Blood Tribe) (“Kainai”) (collectively, the “Nations”) filed judicial review applications challenging Ministerial Order 003/2025, issued by Alberta’s Minister of Energy and Minerals on January 15, 2025 (the “Order”). This Order effectively lifts a previous ban on certain coal mining on lands known as the eastern slopes of the Rocky Mountains in western Alberta (the “Eastern Slopes”).
The Eastern Slopes are at the heart of Siksika’s and Kainai’s traditional and Treaty territories. Due to the cumulative effects of other development in their territories, these lands are among the last where the Nations can meaningfully exercise their Treaty rights. They provide essential water sources and are used for Treaty hunting, fishing, and other activities supporting traditional ways of life. Consequently, the Nations stand to be directly impacted by any further coal mining in the Eastern Slopes. See Siksika’s Press Release (July 4, 2025): Siksika Nation Challenges Government of Alberta Decision to Lift Moratorium on Coal Development in the Rocky Mountains.
Alberta has a history of contradictory coal mining policy changes
The Order is the latest in a series of coal mining policy reversals in recent years. In May 2020, Alberta rescinded its long-standing 1976 Coal Policy which restricts coal mining in the Eastern Slopes. In February 2021, Alberta reinstated this policy following public outcry. From 2021 to 2022, Alberta conducted a public engagement process to inform a modernized coal policy. In December 2024, Alberta announced the Coal Industry Modernization Initiative (the “CIMI”), as the new policy direction for coal mining in Alberta. To date, the CIMI remains incomplete and has been criticized for seemingly allowing coal mining in areas that were previously protected (see, for example: CPAWS “CIMI and the terrible, horrible, no-good, very bad news for Alberta” (January 21, 2025)). Finally, in January 2025, Alberta issued the Order.
Alberta has faced various legal challenges from these contradictory policy decisions, including judicial reviews initiated by the Nations following the May 2020 recission of the 1976 Coal Policy. Further background to Alberta’s May 2020 recission of the 1976 Coal Policy and this prior litigation (since discontinued), can be found here: Alberta Reinstates Longstanding Coal Policy amidst Legal and Political Pressure (February 12, 2021).
The Order lifts prior coal mining suspensions without consulting the Nations
The Order rescinds three previous Ministerial Orders and directs the Alberta Energy Regulator (the “AER”) to lift suspensions on coal mining project approvals that were previously suspended under those three orders. It also instructs the AER to apply the1976 Coal Policy, but with consideration of the incomplete and seemingly contradictory CIMI.
The Order is unlawful and should be set aside
The Nations allege that the Order is unlawful, including because it was made without consulting them. It contradicts recommendations made following Alberta’s public engagement to inform its modernized coal policy, which included extensive input from the Nations emphasizing the importance of protecting the Eastern Slopes from further mining development.
Among other things, the Nations ask that the Order be set aside and for declaration that it was issued in breach of Alberta’s duty to consult and accommodate.