Alberta Appeal Court dismisses coal company lawsuit alleging expropriation

EDMONTON — Alberta’s high courtroom is dismissing a coal firm’s request for compensation over authorities insurance policies to part out coal energy. 

Altius Royalty Corp. was asking for $190 million in compensation, arguing federal and provincial strikes to finish such era over local weather and well being issues was a kind of expropriation.

Altius, which owns the Genesee coal mine that feeds the Genesee energy plant, misplaced in Court of King’s Bench however took its case to the Alberta Court of Appeal.

In its choice launched at present, the Appeal Court says Altius argued the rules and agreements that led to the tip of coal-fired energy gave governments the good thing about decrease health-care and environmental prices. 

Because that profit might be assigned a greenback determine, Altius argued that qualifies it to compensated. 

But the judges dominated these advantages accrue to the general public, not the state. 

“Canada’s prediction of the health and environmental benefits resulting from the reduction of greenhouse gas emissions describes benefits to the public, not … an ‘advantage’ flowing to the state,” they wrote. 

They discovered neither Canada nor Alberta obtained any financial profit from Altius’ property. 

The courtroom discovered that permitting Altius’ attraction would kneecap the federal government’s capacity to manage.

“Extending the concept of ‘advantage’ as the appellant suggests could have a tremendous impact on the public purse and legislative decision making,” they write.

“It is questionable whether the application of the common law can, or should, intrude to this extent on decisions made by legislators in the public interest.”

This report by The Canadian Press was first printed April 4, 2024. 

The Canadian Press

<!– Photo: 2024040417048-660f16f34308953b812d1530jpeg.jpg, Caption: Alberta’s high courtroom is dismissing a coal firm’s request for compensation over authorities insurance policies which can be phasing out coal energy era within the province. Court of Appeal on the Edmonton Law Courts constructing, in Edmonton on June 28, 2019. THE CANADIAN PRESS/Jason Franson

–>