Fort McKay appeals Dover decision

The Fort McKay First Nation has filed for permission to the Court of Appeal of Alberta  to appeal the approval granted by the Alberta Energy Regulator to Athabasca Oil Corp.’s Dover Commercial Project. At issue, in particular, is Fort McKay’s desire for a 20-km buffer zone around traditional territory, which would include Moose Lake reserve, Gardiner Lake and Namur Lake. The AER rejected that argument, ruling that excluding reserves as part of a buffer zone would hinder economic progress for the province and municipality and was not in the public interest. In a statement, Athabasca said it had expected Fort McKay’s effort to take its case to the Court of Appeal. AER spokesman Bob Curran said the appeal process does not affect the provincial approval process although the appeal may result in an order from the court for the AER to review or even change all or part of its decision. Final provincial approval of the project is expected in November.