In September 2009, officials from the Ministry of Energy, Mines and Petroleum Resources amended existing permits to allow First Coal Corporation to obtain a 50,000 tonne bulk sample of coal and to engage in a 173-drill-hole, five-trench advanced exploration program.

The West Moberly First Nations asserted that coal exploration would destroy critical winter habitat for the endangered Burnt Pine caribou herd, and the decisions were made without consideration of their right to hunt the caribou and without making adequate provision for protection and restoration of the herd. There are only 11 caribou left in the herd and West Moberly elders have banned hunting of the animals since 1970s.

In his written decision for the majority, Chief Justice Lance Finch affirmed the ruling that the Crown failed to consult "adequately and meaningfully" and failed to accommodate the petitioners' treaty hunting rights.

"Now that the court has affirmed the government's duty, we look forward to working co-operatively in the coming weeks and months to do what it takes to save this species from extinction," said West Moberly Chief Roland Willson