High River council has decided to appeal the Alberta Environment and Protected Places approval of the Rimrock Biodigester.
It's to be located west of the town in Foothills County at the Rimrock Feeders lot.
Because the town is outside the two kilometres zone, it didn't get notice of the original application and so it didn't appeal.
There was a question whether council could appeal the approval now.
Mayor Craig Snodgrass says the Town's lawyers have said the town can still appeal based on its original concerns about the digestate ponds.
The Town wants them covered while Tidewater Renewables, which is behind the project, says it's too expensive to cover something that large.
Snodgrass says they don't want them left open to the wind where the smell can be blown toward High River.
Administration will draft an appeal based on the Environmental Protection and Enhancement Act.
They also plan to be represented at the appeal.