An Environmental Appeals Board hearing scheduled for February 23-25, 2021, to consider an appeal to a decision on the Badlands Motorsports Park development has been postponed.
In January 2020, Alberta Environment and Parks approved an application from Badlands Recreation Development Corp. to place fill in two wetlands, to modify three wetlands, and to construct, operate and carry out maintenance of a stormwater management system. A hearing for an appeal was slated for this February, however, it was postponed.
“The hearing has been postponed to deal with several preliminary motions, the most notable of these is the reconsideration of the Board’s decision on standing,” said Gilbert Van Nes, General Counsel and Settlement Officer, Environmental Appeals Board.
Following the approval on January 8, 2020, the Alberta Environmental Appeals Board issued a decision on April 28, 2020. The board received 27 Notices of Appeal of the approval. The board reviewed these submissions to gauge whether the appellants were directly affected and whether a stay should be granted. The board found of the 27 notices of appeal, seven were directly affected, however, it chose not to grant a stay.
“A recent Alberta Court of Appeal decision commented on the board’s rules for standing. As a result of this court decision, the board is reviewing its original decision on standing,” said Van Nes.
He also notes, “The appeals only relate to the work authorized under the Approval – which is the infilling of certain wetlands. The appeal is not about the project as a whole. The board does not have the authority to review the racetrack project. The board only has the authority to review the infilling of the wetlands.”
