HELENA – Canadian farmers opposing a power line that would span 214 miles between Lethbridge, Alberta, and the Montana city of Great Falls have lost their case before the Alberta Court of Appeal.
In a 2-1 decision Tuesday, the court dismissed the case of 16 farmers and farm corporations challenging plans for the 230-kilovolt Montana Alberta Tie Line, which would cross farmland. The line to carry wind-generated electricity would connect power grids and is critically important to some companies that want to develop wind energy.
The court’s divided decision “says to me it was almost too close to call,” said lawyer Scott Stenbeck of Medicine Hat, Alberta, who represented the farmers. Stenbeck said he and his clients will discuss whether to request the Supreme Court of Canada hear the case.
The farmers oppose the power line’s route and say the project would not meet the public’s interest.
Issues on appeal included whether the Alberta Energy and Utility Board erroneously concluded that it lacked authority to consider a power-line route other than the one identified by Canada’s National Energy Board. The farmers also questioned whether the Alberta board properly applied a “public interest” test when evaluating Montana Alberta Tie, a project proposed by Tonbridge Power Inc. of Toronto.
The Court of Appeal said the National Energy Board acted within its authority after conducting an environmental assessment and receiving federal, provincial and public comment. The laws of Alberta do not apply to the decision about location, the court said. The court also said the Alberta Energy and Utility Board comprehensively reviewed social, economic and environmental effects of the proposed line, and “there is no reason to disturb the conclusion reached by the board with respect to public interest.”
Justice Carole Conrad wrote a 16-page dissent.
Appellant and grain grower Diane Sincennes of Alberta’s Coaldale area told the Calgary Herald earlier this year that the power line would run within 110 yards of her children’s bedroom windows, and that she was concerned about health risks. Sincennes also said the line would affect plans for the irrigation and chemical treatment of her family’s land and would reduce its value.
A spokesman for Montana Alberta Tie Ltd. said Tuesday that the court’s decision is pleasing, although a decision in favor of the landowners would have delayed the $150 million power line project but not halted it.
“There are no other court actions outstanding,” Bob Williams said.
He said developers of the project hope construction will begin this fall. Construction time has been estimated at a year.
Montana’s director of environmental quality, Richard Opper, said recently that there were no further “holdups” that would delay the Montana portion of the project. Opper spoke after Tonbridge said it reached agreements with four Montana landowners who had objected to the line.
In November, the U.S. Energy Department issued a construction permit, the project’s last major regulatory step.