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Alberta Court Denies Appeal of Construction Approval for Coal-Fired Power Plant
In an interim decision, the Alberta Utilities Commission (Commission) granted approval to Maxim Power Corp. (Maxim) to construct a 500 megawatt coal-fired power plant (Plant) in the area of Grande Cache, Alberta. Pembina Institute for Appropriate Development v. Alberta (Utilities Commission), 2011 ABCA 302. The Pembina Institute for Appropriate Development (Pembina) sought leave to appeal this decision. Before the court were two issues: whether Pembina had standing to seek leave to appeal as it had not been in intervenor before the Commission, and whether the issues on appeal were moot as the Commission had subsequently rendered its final decision approving the Plant. Id. Published in the Canada – Oil & Gas section of the Rocky Mountain Mineral Law Foundation's Mineral Law Newsletter, Volume 29, Number 1, 2012.