A court in Alberta, Canada, has denied the application from two environmental groups to appeal a decision by the Alberta Utilities Commission (AUC) to approve the construction of a new coal power plant near Grande Cache.

Independent power producer Maxim Power Corporation received final approval from the AUC to build a new 500 MW coal fired power generating unit, after having requested the AUC give expeditious approval of the application without a hearing.

One of the reasons Maxim provided for requesting quick approval was to address the potential impact on the new plant of pending federal carbon legislation.

In response, two Canadian environmental groups, Ecojustice and the Pembina Institute, launched a legal challenge to the AUC approval, arguing that the commission failed to explain how it was in the public interest to expedite approval in order to avoid the new federal regulations.

The Court of Appeal of Alberta deemed the appeal as moot as the AUC had issued a final approval of the plant expansion.

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