Several First Nations say they weren’t adequately consulted on a plan to build one of the largest carbon capture projects in the world on their territory.

Whitefish Lake First Nation, Frog Lake Cree Nation and Beaver Lake Cree Nation are asking a federal court to weigh in on whether a wide-ranging energy deal struck between Alberta and the federal government was unconstitutional and violated Canada’s duty to consult.

Onion Lake Cree Nation and Kehewin Cree Nation say they also have each filed court cases challenging Canada’s decision to support and advance the proposed Pathways Alliance project.

A memorandum of understanding signed between Alberta Premier Danielle Smith and Prime Minister Mark Carney in November says trying to build a new bitumen pipeline to the West Coast hinges on getting the Pathways Alliance carbon capture project off the ground. 

Pathways Alliance, a consortium of major Canadian oilsands companies, has proposed building a massive carbon capture facility near Cold Lake, Alta. It would trap emissions from oilsands projects. 

The First Nations announced on Thursday that they have applied for judicial review. The application says the nations’ ancestral and reserve lands are within the project’s boundaries and could be directly impacted by the plan.

“The Pathways Alliance wants to store millions of tonnes of carbon from Alberta’s oilsands under our lands, forever,” Whitefish Lake First Nation Chief Herb Jackson wrote in a statement to CBC News.

“Carbon capture has never been done at this scale before and we don’t know what kind of impacts it will have.”

The nations say their decision to seek a judicial review comes after years of failed attempts to engage with the federal government about their concerns around the project.

Pathways Alliance said it has engaged with Indigenous communities on the project, dating back to fall 2023. 

“Care for the communities where our members operate is a core value for Pathways Alliance members and they will continue to seek input from Indigenous leaders and communities,” the organization wrote in a statement.

But First Nations argue that the MOU signals federal support for the project and triggers a legal duty for the government to consult.

“So for Canada and Alberta to now sign a deal to support this project behind our backs — it’s dishonourable and it’s disrespectful,” Jackson wrote.

The nations have requested a federal environmental review but say that, to date, this has not happened.

Jackson said communities are concerned about the potential for carbon dioxide leaks, contamination of drinking water, increased seismic activity and underground pressure.

“When the hunting is good we go out and fill our freezers with moose and deer,” he said. “We fish the lakes, rivers and streams.

“What will this project do to the resources we rely on? And more importantly, what will it do to our people?”

The nations say they believe the transportation of compressed carbon dioxide is a volatile practice and could endanger nearby communities.

They say they believe it could also impede their ability to develop or farm their lands, the application says.

The project was not selected as part of Carney’s initial list of major projects the federal government wants to help fast-track. Pathways Alliance was, however, referred to Canada’s Major Projects Office as part of a list of projects that require further development.

Because of that, the nations say it is unclear what regulatory environment the carbon capture project is operating under.

“We want to be clear — Frog Lake supports responsible economic development and we do not necessarily oppose this project. But it needs to be done in partnership with us — not behind our backs and without our consent,” Chief Greg Desjarlais of Frog Lake Cree Nation wrote in a statement.

Representatives for the provincial and federal governments say they are reviewing the applications but cannot comment during an ongoing legal process.