appeals wind farm, Bow Lake, endangered species, George Brown, Goulais Bay, Lake Superior Action Research Conservation, LSARC, Northern Hoot, Northern Ontario, Ontario bats, Ontario Court of Appeal, Ontario Ministry of NAtural Resources, Steffanie Petroni, wind farm, wind farm environment, wind power northern Ontario
Northern Hoot is a new website run by journalist Steffanie Petroni on all things Northern Ontario. Devoted to “long-form” journalism, Petroni recently published an article on wind power development, of interest now because two very large projects–Bow Lake and Goulais Bay–will be proceeding. Appeals by First Nations groups and residents failed.
Of special interest in this posting are photos by Gary McGuffin, who is renowned for his depiction of Northern Ontario scenery.
In Ontario there have been 20 appeals in opposition to industrial wind turbine farms brought before the Ministry of the Environment (MOE) and 19 have been dismissed. An appeal by Prince Edward County Field Naturalists to kill the development of an industrial wind turbine farm on Ostrander Point was won before an ERT in July 2013. However, the decision has since been reversed by the Ontario Divisional Court and appellants are seeking an appeal before the Ontario Court of Appeal.
George [Brown, of the Lake Superior Action Research Conservation] commented, “The 240 Bow Lake appeal came close to winning. Based on the Ostrander Judicial Review decision the Tribunal found that in order to prove irreversible harm it was necessary for the appellant to know the size of the populations being harmed. Having found that the 240 appeal failed to prove irreversible harm the Tribunal declined to make a finding on the issue of serious harm, though it agreed with virtually all the arguments on bats submitted by the 240 appeal.
As a result the Tribunal imposed immediate and more stringent mitigation measures on the project – a tacit admission that species-at-risk bats would otherwise be killed, which would be a serious harm.
The Tribunal’s decision is peculiar in that it allows these more stringent mitigation measures to be rescinded should they prove effective. Had the MNR required, or done, a baseline study, or had the 240 appeal had the time and money to do one, to determine the size of existing bat species populations in the project area, we would perhaps have had the final piece of the puzzle required to win.”
For more information, go to http://www.lsarc.ca