The Pembina Institute’s appeal against the Alberta Utilities Commission’s (AUC) approval of a 500 megawatt coal-fired power plant expansion has failed.

Pembina and Ecojustice launched a suit to suspend the AUC’s decision for further review. Justice Patricia Rowbotham ruled the challenge came too late; because the AUC made its final approval in August the issue is now moot.

The two environmental interest organizations argued Maxim Inc, the firm building the plant, failed to show how it would benefit Albertans. They also protested that Maxim was rushing commission endorsement in order to dodge upcoming federal emissions regulations. Maxim made no secret of its request to the AUC for expedited approval to avoid the new legislation, which orders any facility commencing operations after 2015 to cut emissions by virtually 50 per cent.

Barry Robinson is staff lawyer for Ecojustice. He says he knew this outcome was a possibility, but that the Pembina Institute still hopes federal Environment Minister Peter Kent will work to ensure new emissions regulations apply to this plant. October 26 was the last day for public consultations on new federal coal regulations.

Maxim Inc. states this expansion is necessary to meet Albertans’ power needs. No new coal-fired power plants have been built in Alberta for more than 10 years. This will be an expansion of the Milner plant in Grande Cache.