Court strikes down challenge of Sask.’s decision to extend life of 3 coal-fired power plants

A group of environmentalists has lost their legal challenge to the Saskatchewan government’s decision to extend the life of three coal-fired power plants to 2050.

The Saskatchewan Environmental Society, Citizens for Public Justice and three residents had asked for a judicial review of the province’s decision to refurbish and extend the life of the coal-fired plants 20 years past the federal phase-out deadline for coal-generated power.

The environmental groups argued the province’s decision “undermines federal law and international obligation.”

In 2016 Ottawa announced a goal to phase out coal-generated power by 2030 to reduce Greenhouse Gas Emissions and help meet its climate targets under the Paris Agreement.

But last year, Jeremy Harrison, the minister responsible for SaskPower, informed employees that the power company needed to extend the life of Saskatchewan’s coal-generated-power plants as the Crown corporation bridged to nuclear power.

“Our priorities going forward will be reliable and affordable power generation along with energy security,” Harrison stated to employees, according to court documents.

The province’s decision will keep its two coal-fired plants near Estevan — the Shand and Boundary Dam stations — along with the Poplar River plant near Coronach, operating for years past the federal deadline to shutter them, but the province said it “remains committed to the goal of a net-zero grid by 2050.”

Bob Halliday, vice-president of the Saskatchewan Environmental Society, said it’s unclear why the province veered away from its plans to focus on more renewable energy sources and connections with other jurisdictions to meet climate targets and instead decided to keep the coal plants alive.

“For the last several years, the power corporation was on one track and all of a sudden they were diverted to another track by a provincial government decision,” Halliday told host Adam Hunter on The Morning Edition.

“There’s a pious hope they can refurbish the coal-fired power plants and build a couple of nuclear plants in the 2030s, but keep in mind this is an enormous transition.”

Halliday’s group was disheartened by the Jan. 12 Court of King’s Bench decision that ruled it was not the court’s role to review the government’s decision.

“The courts are not designed to manipulate the nuts and bolts of government action with a view to achieving policy ends,” Justice Shawn Smith stated in the ruling.

Kiké Dueck, a 12-year-old Regina environmentalist, was one of the three individuals to join the court challenge and was disheartened by the decision.

“I really hope that the Saskatchewan government will see that the people don’t want this,” Dueck said.

Dueck said the world is moving away from fossil fuels and Saskatchewan’s continued reliance on coal puts it at odds with other jurisdictions.

“We’re not going to go on fossil fuels in the future. It doesn’t make sense. It’s not economically viable, but it’s also not just.”

WATCH | Judge dismisses challenge to Sask.’s decision to extend use of coal-fired plants:

Judge dismisses legal challenge to Sask.’s decision to extend use of coal-fired plants

Back in June, Premier Scott Moe announced that three of Saskatchewan’s coal-fired plants will run until 2050. That’s 20 years past the federal government’s phase-out deadline. Bob Halliday of the Saskatchewan Environmental Society joined The Morning Edition to talk about it.

For its part, in an emailed statement to CBC, the province said it’s pleased with the court’s decision.

“The court determined that the issue is essentially one of government policy and, as such, is not for the courts to decide.”

The government statement also said extending coal-fired power will ensure “a reliable and affordable energy future for Saskatchewan residents.”

Both Dueck and Halliday said their group is deciding whether to appeal the court’s decision.