The International Union of Operating Engineers and the Construction and Specialized Workers Union wanted the injunction in place until their broader legal challenge against the mining company's foreign worker permits can be heard.
HD Mining is asking the Federal Court of Appeal to throw out the case entirely and is also appealing a decision that granted the unions standing to challenge the worker permits. The firm's Murray River project near Tumbler Ridge, has drawn criticism for bringing in the workers from China instead of hiring Canadians.
HD Mining's Chair Penggui Yan says the company welcomes the court's decision.
"This judgment is massive victory for HD Mining," he says. "We have been waiting for a court to say that we have done nothing wrong and this decision does exactly that. We hope it will cause the unions to seriously question why they are bringing these proceedings."
HD Mining says that with this decision, it will continue to pursue environmental certification for the project.
Because of the controversy over the foreign workers permits, the federal government has said it will review the permitting process.
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