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    Alberta Appeal Court dismisses coal company lawsuit alleging expropriation

    YYC TimesBy YYC TimesApril 5, 2024No Comments2 Mins Read

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

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

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

    In its determination launched right this moment, the Attraction Courtroom 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. 

    As a result of that profit could be assigned a greenback determine, Altius argued that qualifies it to compensated. 

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

    “Canada’s prediction of the well being and environmental advantages ensuing from the discount of greenhouse gasoline emissions describes advantages to the general public, not … an ‘benefit’ flowing to the state,” they wrote. 

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

    The court docket discovered that permitting Altius’ enchantment would kneecap the federal government’s potential to manage.

    “Extending the idea of ‘benefit’ because the appellant suggests might have an incredible impression on the general public purse and legislative determination making,” they write.

    “It’s questionable whether or not the appliance of the widespread regulation can, or ought to, intrude to this extent on selections made by legislators within the public curiosity.”

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

    The Canadian Press

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

    –>

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