One of several billboards the Alberta Wilderness Association commissioned in the fall of 2011 advertising the dwindling numbers of sage grouse in Alberta. (Photo Courtesy of the Alberta Wilderness Association) 

By Alex McCuaig

Suit began more than six years ago

City, feds indicate settlement in lawsuit over sage grouse protection order

Jul 21, 2020 | 1:59 PM

MEDICINE HAT, AB – A lawsuit launched by the City of Medicine Hat against the Canadian government over a protection order for the sage grouse in southeastern Alberta looks to be coming to an end.

The Federal Court file states that, “The Court has reviewed correspondence dated July 7, 2020 submitted jointly on behalf of all parties advising that they have agreed to settle the action.”

The legal action alleged the federal government overstepped its authority by announcing it was placing an emergency protection order on the habitat of the endangered sage grouse in southeastern Alberta in late 2013.

In January 2012, city council approved spending nearly $50 million to purchase from Chinook Energy a number of oil assets in the same area affected by the protection order despite warning signs of impending new industrial regulations to protect sage grouse. Those warning signs began in 2009 and included previous federal lawsuits for increased protections for the bird, a translocation program to increase their numbers and an emergency summit called by ecology groups — including the Medicine Hat-based Grasslands Naturalists — urging a coordinated effort to lobby for an emergency protection order for the sage grouse by.

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In November 2012, LGX Oil and Gas, co-applicant to the federal court proceedings, purchased its assets in the region.

Several environmental groups were interveners to the action as well.

According to court documents, unless there is an application to formally withdraw the lawsuit or the matter is otherwise concluded, a status report will need to be provided by the city to the court before Oct. 8.

In a statement provided by the city, it says it continues, “to work through this complex legal dispute and as it is still before the courts both staff and City Council cannot comment on any matter related to this file.”