By Nigel Bankes and David Luff
Alberta requires legislation that puts the protection of the Eastern Slopes and the province’s water ahead of new coal exploration and development.
An Act to Protect the Eastern Slopes of the Rocky Mountains from Coal Exploration and Development, the legislation drafted and proposed by Bankes and Luff, would prohibit new coal exploration and development throughout the Eastern Slopes while allowing existing operating coal mines to continue until the end of their physical and economic lives provided, they continue to comply with all applicable regulatory requirements.
“We released the proposed legislation and accompanying annotation publicly because the legislature is in session and we hope the proposed legislation will contribute to the continuing discussion and debate about the future of Alberta’s Eastern Slopes and the protection of Alberta’s water.” (Bankes)
ALBERTA’S WATER REMAINS AT RISK FROM SELENIUM POLLUTION:
The proposed legislation responds to concerns expressed by Albertans that the Government of Alberta has not established a provincial, numerical, regulatory enforceable discharge standard for selenium in coal mine wastewater. Yet the government appears intent on ignoring these concerns as it rolls out its Coal Industry Modernization Initiative to allow future coal exploration and development in the Eastern Slopes.
“The question is not whether government can regulate coal development. The question is whether or not Albertans are prepared to accept new coal development in the Eastern Slopes and the headwaters of our major river systems when the government has yet to establish an enforceable zero-discharge standard for selenium.” (Luff)
THE PROPOSED LEGISLATION:
The proposed legislation is intended as a benchmark against which the government’s commitment to protect Alberta’s water can be measured. We acknowledge that we do not expect the proposed legislation, in its current form, to be adopted by the government.
However, it provides Albertans with a concrete alternative to continued reliance on vague government regulatory promises and future uncertain policies.
We (Bankes and Luff) believe this proposed legislation establishes a comprehensive prohibition on new coal activity as a means to implement a vision for the Eastern Slopes that prioritizes the ecological, cultural, recreational, tourism and agricultural values of the region for current and future generations.
Link to the proposed legislation . . .

