Premier Danielle Smith’s efforts to revive a contentious open-pit coal mining project owned by the litigious Australian billionaire Gina Rinehart have met a major legal hurdle.

Alberta’s Court of Appeal ruled this week that the Alberta Energy Regulator’s decision to turn a dead mining project — one rejected by regulators and the courts — into an “advanced coal project” is highly questionable and possibly an error in law.

As a consequence Justice Kevin Feth granted the Municipal District of Ranchland permission to appeal AER’s decision to let Northback Holdings apply for several licenses for renewed exploratory drilling on Grassy Mountain in the Crowsnest Pass.

Ranchland is a neighbouring area of wild fescue grasses and cattle ranchers that would be directly damaged by the mine.

A successful appeal would kill those exploratory licenses which are currently set for a public hearing in early 2025.