Tag Archives: endangered species Ontario

Endangered turtles win wind farm appeal in Prince Edward County

27 Thursday Apr 2017

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ENDANGERED TURTLES WIN PROTECTION FROM WIND FARM IN ONTARIO, CANADA

The Environmental Review Tribunal determined the Blandings Turtle was endangered by the wind farm

Landmark legal decision overturns government approval of large power project

WELLINGTON, ONTARIO, CANADA, April 27, 2017 /EINPresswire.com/ —
A years-long legal battle over a wind power project by Germany-based wpd in Ontario, Canada, resulted in a ruling by the provincial government’s Environmental Review Tribunal yesterday, in favour of protecting an endangered species of turtle.

In the Tribunal ruling, government approval for 18 of 29 industrial-scale wind turbines in the “White Pines” project was reversed. With 60 percent of the project removed, it may be impossible for the power developer to meet its contractual obligation.

The citizens of Prince Edward County, about two hours east of Toronto, where the project was to be located, fought the wind turbines for almost 10 years, and spent almost $2 million CAD in legal fees.

“The County” as it is called, on the shores of Lake Ontario, is a stopping place for hundreds of thousands of birds migrating in eastern North America, and was identified as an Important Bird Area by conservation groups. The area is also a habitat for the endangered Blandings turtle, and home to the Little Brown Bat which is on the verge of extirpation.

“This [decision] is clearly a victory for the survival of the Blanding’s turtle and many other animal and plant species,” said Alliance to Protect Prince Edward County president Gordon Gibbins. “Although the Tribunal decision was specifically concerned with protecting the turtles and their habitat, we are very pleased that indirectly as a result of this decision there will be no turbines in the Prince Edward County Important Bird and Biodiversity Area.”

“The Tribunal decision has made it clear that this wind power project was never about protecting the environment,” said Jane Wilson, president of Wind Concerns Ontario, the coalition of community groups concerned about wind power projects.

“The wind power project was always about money. The citizens of Prince Edward County fought hard to protect the environment and wildlife against our own Ministry of the Environment.”

Citizen evidence was crucial in bringing forward evidence of harm to the environment in the various appeals of the power project, Wilson says. “The government did little or no oversight on how wildlife is to be protected, and it was the people of Prince Edward County who brought the information to the Tribunal. As a result, in Ontario now, wind power does not automatically override environmental concerns.”

Economic impacts were also a concern for the community. The County is a tourist destination with dozens of wineries and cheese establishments; winery owners were concerned about the negative impact of the huge power-generating turbines on the County with its quaint villages and pastoral views as a tourist attraction.

Prince Edward County Mayor Robert Quaiff said, “Our community has been fighting this project for quite some time. I’m glad to see that the Environmental Review Tribunal has recognized and given credence to our concerns.”

For more information, visit Wind Concerns Ontario at www.windconcernsontario.ca
905-362-9334

Jane Wilson
Wind Concerns Ontario
905-362-9334
email us here

Open House in Finch December 13

12 Monday Dec 2016

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Wind power developer EDP Renewables, based in Portugal, will be holding an Open House information session on the 100-megawatt, 30+-turbine, $430-million wind power development they have called “Nation Rise” on December 13 in the arena in Finch.

Last week, MPPs Jim McDonell and Grant Crack took letters and petitions containing more than 1200 signatures from citizens of North Stormont and Nation Twp to the Legislature at Queen’s Park, demanding that the contracts for the two Ottawa-area power projects be cancelled.

The Open House information sessions are typically just poster sessions with developer staff available to answer any questions.

The site plan for the project has not yet been made available although proposed turbine locations are usually part of the application to the IESO for a power contract. The lack of a site plan means there are community members who may yet be unaware that they will have an industrial-scale wind turbine generating power near them.

Wind turbines emit a wide range of noise including low-frequency or inaudible noise which has been linked to adverse health effects. Wind turbines have also been implicated in disturbances to the water table and drinking water (Dover Twp, Ontario) via seismic vibration, and wind turbines are responsible for the deaths of migratory birds and endangered species of bats.

A few weeks ago, Ontario Premier Kathleen Wynne admitted that her government’s electricity policies have been “a mistake” and that they need to work to get consumer bills down. Last week, Energy Minister Glenn Thibeault admitted that an “arbitrary” choice of wind power as a source of power generation had led to “sub-optimal siting” and community concerns.

The Nation Rise power project will cost Ontario as much as $430 million over the 20-year life of the contract.

The Open House will be held from 3:30-7:30 PM.

EDP wind turbine and home at South Branch project, Brinston, Ontario. Photo by Ray Pilon.

EDP wind turbine and home at South Branch project, Brinston, Ontario. Photo by Ray Pilon.

Wind turbines do not trump natural environment, Tribunal says

07 Tuesday Jun 2016

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The long awaited decision of the Environmental review Tribunal on the appeal of a proposed wind power project at Ostrander Point in Prince Edward County was released yesterday. The Tribunal says that due to the clear danger to endangered species, the proposed project — approved by the Ontario government — is “not consistent” with the goals of renewable energy policy.

South Shore Prince Edward County: wind power does not trump protection of natural environment [Photo Point 2 Point Foundation]

South Shore Prince Edward County: wind power does not trump protection of natural environment [Photo Point 2 Point Foundation]

The Kingston Whig-Standard, June 6, 2016

By Bruce Bell

PRINCE EDWARD COUNTY – It appears the gates to Ostrander Point are closed and there will be no turbines allowed entry.
An Environmental Review Tribunal (ERT) issued it’s ruling early Monday, upholding an appeal of the nine-turbine project by the Prince Edward County Field Naturalists (PECFN), saying the installation of gates on access roads won’t adequately protect the population or habitat of Blanding’s turtles.
In their decision, ERT members Heather Gibbs and Robert Wright found “the remedies proposed by Ostrander [Gilead] and the Director are not appropriate in the unique circumstances of this case. The Tribunal finds that the appropriate remedy under s.145.2.1 (4) is to revoke the Director’s decision to issue the REA [Renewable Energy Approval].”
The issue has raged on since Gilead Power received their Renewable Energy Approval (REA) in 2012 It was almost immediately appealed by PECFN. Another appeal by the Alliance to Protect Prince Edward County, based on potential harm to humans was dismissed by the ERT
“We feel so vindicated with the decision,” said PECFN president Myrna Wood shortly after news of the decision was received. “Especially since the Tribunal said it understands how important renewable energy is to the future, but it cannot override harm to the species and their habitat.”
In 2013, the ERT upheld the PECFN appeal of the REA to Gilead Power — the first time an appeal of an REA under Ontario’s 2009 Green Energy laws had been successful. A year later, an Ontario Court reversed the ERT decision, only to see the Court of Appeal side with the PECFN earlier this year, but did allow for Gilead to propose remedial action to circumvent environmental damage.
“Our south shore is so important to so many species and that environment simply cannot be destroyed for the development of renewable energy,” she said. “We were the first appeal on environmental grounds and I think that will likely have an effect going forward and I would think that’s why we were fought so hard by the Ministry of Environment.”
The project would require the construction of more than five kilometres of access roads to construct and service the nine turbines and as part of the remedy, Gilead proposed to reduce traffic by installing gates
Wood said she wasn’t certain if there was another step Gilead Power could take following Monday’s decision.  …

Read the full news story here.

Government lawyer derails citizen appeal to protect endangered wildlife

08 Friday Apr 2016

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Ministry of the Environment lawyer steps in as Prince Edward County citizens appealed for a stay of unauthorized construction activities in endangered turtle habitat

Wind Concerns Ontario

Massive clearing of vegetation in Prince Edward County wetland area. This project is still under appeal, but the developer has gone ahead
Massive clearing of vegetation in Prince Edward County wetland area. This project is still under appeal, but the developer has gone ahead [Photo: APPEC]

April 6, 2016, Picton, Ontario —STATEMENT FROM ALLIANCE TO PROTECT PRINCE EDWARD COUNTY (APPEC)

First and foremost our great thanks to everyone who responded to our call to attend the Court of Appeal hearing.  The courtroom was filled to capacity with no seats left empty.  The numbers left an impression on all present from the judge to the security guards who were curious about what case all the commotion was about.  It was a packed courtroom by anyones’ standards and we thank all of you who made this possible.  Our special thanks to Mayor Quaiff and Warren Howard of Wind Concerns Ontario.
However the outcome of today’s hearing is not what we had hoped for.  On our arrival we had hoped that Justice Katherine van Rensburg would hear our appeal and our new evidence including aerial photography of the destruction that has occurred at the White Pines project site since WPD began clearing vegetation two days ago, as depicted in one photograph attached.
Instead Sylvia Davis, lawyer for the Ministry of the Environment and Climate Change, cited a ruling from over fifty years ago that only a panel of three judges could hear an appeal of this nature.  It became clear at that point that the motion would not be heard until after the legal matter of whether this was properly before the court had been dealt with, with a potentially unfavourable decision. Rather than spend considerable time and money on legal wrangling the decision was made to withdraw our motion for a stay on all physical activity at the White Pines project site.  The motion was withdrawn on consent of all parties and without costs.
We have received the written reasons from the Environmental Review Tribunal for its original refusal of our stay motion.  We will immediately be going to the Tribunal to once again request a stay.  As the saying goes when one door closes, another opens.  More information will follow soon.
Lastly, there is a short article on the Wind Concerns website with another photograph of the after-effects of vegetation clearing at www.windconcernsontario.ca
Regards,
Orville Walsh
President, APPEC
For more information on this project and to donate toward legal fees, please go to www.savethesouthshore.org

Wind farm will harm endangered wildlife, Ontario Tribunal finds

27 Saturday Feb 2016

Posted by in Ottawa, Renewable energy, Wind power

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Wind farm will cause serious irreversible harm to wildlife, Tribunal finds

South Shore of Prince Edward County: [Photo Court Noxon, courtesy Point To Point Foundation]South Shore of Prince Edward County: [Photo Court Noxon, courtesy Point To Point Foundation]
The decision on the appeal of the White Pines wind power project in Prince Edward County was released yesterday: the Environmental Review Tribunal found for the appellant and the environment (in part), in that serious and irreversible harm would result to the endangered Blandings turtle and the little brown bat. The Tribunal also noted risk to migratory birds.This is a victory for a very hard-fought battle as members of this community fought to save the environment from Ontario’s own Ministry of the Environment.

See the decision in various formats here.

Statement from Orville Walsh, president of the Alliance to Protect Prince Edward County:

We are pleased to announce that APPEC’s appeal of wpd’s White Pines Wind Project has been upheld in part.  The Tribunal has found that the White Pines project will cause serious and irreversible harm to Little Brown Bats and to the Blanding’s turtle.
The Tribunal did not find serious and irreversible harm to human health, to hydrology or to migratory birds. However in regards to the latter the Tribunal did note that this wind project presents a significant risk of serious harm to migrating birds and that the project site was poorly chosen from a migratory bird perspective.
We are cautiously elated!  The Tribunal acknowledges that engaging in this wind project in accordance with the REA (Renewable Energy Approval) will cause serious and irreversible harm to animal life.  Therefore wpd no longer has an REA to stand behind.
The ERT has ordered a hearing of submissions with respect to potential remedies.
The board will be studying the decision over the weekend and following consultation with our legal counsel Eric Gillespie, will have more information to give you next week.
Orville Walsh
President, APPEC
Please go to the Save the South Shore website for information on how to donate toward the legal costs of this fight for the environment. The work done by the community groups in Prince Edward County, Eric K. Gillespie’s legal team, and the witness statements benefit everyone in Ontario.
ToughonNature

Wind turbines have serious health, economic effects: eminent physician and lawyer speak out

09 Tuesday Feb 2016

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Community group Save The South Shore in Prince Edward County, which is battling two wind power projects that threaten the natural environment including the endangered Blandings turtle and migratory birds, and will affect every resident in the area, has released two more videos in its series The County Speaks Out.

In the recent videos are Dr Robert McMurtry, former Dean of Medicine at Western University, a former assistant Deputy Minister of Health for Health Canada, and a member of the Order of Canada; and Garth Manning QC (retired).

Wolfe Island “most dangerous” wind farm in North America for birds, experts testify at appeal hearing

02 Wednesday Dec 2015

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South Shore Prince Edward County: how did a power plant get approved for this? [Photo Point 2 Point Foundation]

South Shore Prince Edward County: how did a power plant get approved for this? [Photo Point 2 Point Foundation]

This is a report from the appellant in the ongoing appeal of the 29-turbine White Pines project approved for Prince Edward County. Yesterday saw several avian experts testify, giving amazing testimony as to what damage could be done by turbines inside an Important Bird Area for migratory species.

Note the testimony about Wolfe Island (the turbines there are now relatively small compared to what is being built and planned) and how many birds are being killed; compare to the wind power developer’s consultant opinion. Not even close.

Report on Environmental Review Tribunal Hearing on White Pines Wind Project‏‎

December 1

by

Paula Peel, APPEC

 
On Day 15 three experts testified at the Environmental Review Tribunal (ERT) that the White Pines wind project will cause serious and irreversible harm to birds and bats.  All had concerns with the project location on a migratory path on Lake Ontario’s shoreline.
Dr. Michael Hutchins, Director of the American Bird Conservancy’s Bird Smart Wind Energy Campaign, was qualified as a biologist with specialization in animal behaviour and with expertise in the impact of wind energy projects on birds and bats.  Hutchins told the ERT that one function of the Bird Smart Campaign is to educate decision-makers so turbines are properly sited.   White Pines is in a high-risk location.  The U.S. Fish and Wildlife Service recommends three-mile setbacks from the Great Lakes.

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Hutchins cited a recent U.S. study showing significant displacement of breeding grassland birds in mid-western states after turbine construction.  White Pines will displace protected Bobolink, Eastern Meadowlark, and Eastern Whip-poor-will, and the impact could easily result in local extirpation.

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Bill Evans has researched the impact of wind projects on birds and bats for 20 years.   Evans was qualified as an expert in avian acoustic monitoring and nocturnal bird migration.  He said that a number of species in Ontario, including the Purple Martin, have been in long-term decline, but Stantec did no surveys of Purple Martins during late summer when large numbers gather to roost.  Evans noted that Purple Martin collision fatalities are increasing at Ontario wind facilities and made up 6.09% of all bird fatalities in 2014, higher than in 2012.

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Dr. Shawn Smallwood was qualified as an ecologist with expertise in avian wildlife behaviour and conservation.   In addition to 70 peer-reviewed publications Smallwood has done research at the Altamont Pass Wind Resource Area (WRA), a California wind project notorious for its high raptor mortality.

Smallwood told the ERT that impact monitoring at Wolfe Island indicates the highest avian fatality rates in North America other than at Altamont Pass WRA.   Based on methods commonly used across the rest of North America, Smallwood estimates that Wolfe Island kills 21.9 birds per turbine per year.  This is nearly twice the number reported by Stantec using searches only within a 50-foot radius, less than half of standard practice.  Smallwood considers Wolfe Island one of the most dangerous wind projects on the American continent.
Smallwood predicts similar or higher fatality rates at the White Pines project because the peninsula is targeted by migrating birds as a stopover site and because the project is surrounded by wetlands and woodlands intensively used by birds.  Moreover, many threatened and endangered species occur at the site.  Stantec surveys for White Pines foster a high level of uncertainty because 19 hours of field work is so minimal that it’s impossible to know much about the large project area, and no surveys were done for migratory bats.

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Smallwood recommends that serious and irreversible harm be assessed from a biological perspective, not from population analyses.   Fatalities cause harm not only to the individuals killed but also to mates, dependent young, and social connections.  Serious and irreversible harm should not be based only on body counts.

The ERT resumes Thursday, December 3, 10 a.m., at the Prince Edward Community Centre, 375 Main St., Picton.

Group files court documents for Judicial Review of wind farm approval

01 Tuesday Dec 2015

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South Shore Prince Edward County: how did a power plant get approved for this? [Photo Point 2 Point Foundation]

South Shore Prince Edward County: how did a power plant get approved for this? [Photo Point 2 Point Foundation]

Canada Newswire

Community Group Files Request for Judicial Review of Wind Farm Approval Process

<!– newsBody:PICTON, ON, Nov. 30, 2015 /CNW/ – CCSAGE Naturally Green (CCSAGE-NG) filed notice in Divisional Court at Ottawa today for a Judicial Review of the Renewable Energy Approval process for the White Pines wind power project in Prince Edward County.

The power project was approved by the Ontario Ministry of the Environment and Climate Change in 2015. Part of that approval included a permit issued by the Minister of Natural Resources and Forests to “kill, harm and harass” endangered or threatened wildlife species.

CCSAGE cited institutional bias, lack of evidence-based studies, disallowance of municipal input, and denial of natural justice in its court filing, which is supported by 1,500 pages of evidence showing that the government’s approval process violated the constitutional rights of citizens and communities as well as international treaties and agreements.

Ontario’s Green Energy Act permits appeals of wind power approvals only on grounds of serious harm to humans, or serious and irreversible harm to animal and/or plant life and to the natural environment, but not on other grounds such as a biased approval process, violation of constitutional rights, harm to local economies, harm to heritage features, diminution of property values, or violation of international treaties and agreements.

CCSAGE NG Chair Anne Dumbrille said that because the existing appeal process is biased in favour of the wind power developers, the group’s only choice was court: “The Environmental Review Tribunal is a government-appointed panel that follows government rules with the result that it allows destruction of environmentally sensitive areas.  Our only recourse is to Canada’s courts, where rules of justice prevail,” she said.

CCSAGE NG was aided by research done by five students from the Osgoode Hall Law School at York University.

CCSAGE NG is a federally incorporated not-for-profit corporation working to ensure that “Green Energy” initiatives of governments and industry are safe and appropriate for the citizens, wildlife and the natural and heritage environments of Prince Edward County.

SOURCE Wind Concerns Ontario

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Wind farm appeal an eye-opener on government oversight of wind power approvals

01 Tuesday Dec 2015

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Birds? What birds? MNRF "biologist" misses the fact the South Shore of Prince Edward County is a designated Important Bird Area. It is slated for a 29-turbine wind power project.

Birds? What birds? MNRF “biologist” misses the fact the South Shore of Prince Edward County is a designated Important Bird Area. It is slated for a 29-turbine wind power project.

There have been many appeals of wind power project approvals in Ontario —in fact, almost EVERY approval since 2009 has been appealed—but the two appeals ongoing in Prince Edward County currently are interesting as they focus on the approval process for power projects, and the expert oversight citizens expect is part of it.

The truth? There isn’t any oversight.

If the wind power developer says there are not at-risk or endangered species in the project area then, well, they must be right. According to the government, that is.

The Ostrander Point appeal is now in its fifth phase as the appeal has bounced from the quasi-judicial Environmental Review Tribunal to court and back; we learned there that the Ontario Ministry of Natural Resources at-risk species expert recommended a permit NOT be granted for the power project.

And now, testimony at the White Pines appeal, also in Prince Edward County, is showing that the developer and the government relied on inadequate and incomplete consulting reports, and the government never bothered to check. At yesterday’s hearing, the MNRF “biologist” (she has a BA in environmental studies) stated that she was “unaware” that the County’s South Shore was a site for thousands of migratory birds, or that the power project site had several species of at-risk or endangered wildlife.

We invite you to follow along the excellent reports of the White Pines appeal (Ostrander Point has now heard all the evidence and will see final submissions in mid-January) at both Wind Concerns Ontario and the Alliance to Protect Prince Edward County (APPEC).

It’s an eye-opener.

[To donate to APPEC’s legal fight click here.]

Overturn wind farm approvals, say Nature groups

12 Saturday Sep 2015

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Wolfe Island: high kill rate for birds. Ontario is "tough on Nature" say four Naturalist groups

Wolfe Island: high kill rate for birds. Ontario is “tough on Nature” say four Naturalist groups

Nature Canada News

In an unprecedented partnership, Nature Canada has been joined by Ontario Nature, the Kingston Field Naturalists and the American Bird Conservancy in opposition to a recently approved industrial wind energy project that threatens birds and other wildlife on Amherst Island.

“Ontario’s decision to approve Windlectric’s 26-turbine project on Amherst Island—one of the province’s crown jewels of nature—is another in a string of ‘tough on nature’ decisions to build wind energy projects in Important Bird Areas in the region” said Stephen Hazell, Nature Canada’s Director of Conservation.

“Given Ontario’s failure to consider the cumulative effects of these projects on nature, the Environmental Review Tribunal should overturn the approval of the Amherst Island Project as well as that of White Pines. And given the clear breaches of the federal Migratory Birds Convention Act, the federal government should in future apply its environmental assessment process to wind energy projects.”

Purple Martins, one of the species threatened by these projects. Photo Ted Cheskey

Amherst Island, Wolfe Island and the Prince Edward County South Shore Important Bird Areas, all within a few kilometres of each other, are on a bird superhighway during spring and fall migration. They also provide prime breeding habitat for the rapidly declining Purple Martin and several species at risk including Eastern Whip-poor-will, Bobolink, and the long-lived Blanding’s Turtle. 86 turbines were constructed on Wolfe Island in 2009.

Three years of monitoring this project confirmed its reputation as one of the most deadly wind energy projects in North America for birds and bats.

The recent approval of the Amherst and White Pines projects are very bad news for birds, bats, and turtles, and represent the significant industrialization of these ecological treasures. The “new” industrial landscapes will no doubt shock tourists used to the bucolic vistas of the region.

We are all awaiting the final decision on the Ostrander Point project proposal by the Ontario Environmental Review Tribunal. Valiantly defended by the Prince Edward County Field Naturalists, Ostrander Point is Crown land with habitat for rare species of animals and plants on the south shore of Prince Edward County. A proposal to build twelve 150 metre high wind turbines on it was approved, and then successfully appealed by the Naturalists, before passing through all levels of the Ontario judicial system.

Now it is back in the hands of the Environmental Review Tribunal for a final decision.

 

For more information visit http://www.saveostranderpoint.org/.

– See more at: http://naturecanada.ca/news/blog/nature-canada-and-its-partners-raise-their-voices-in-opposition-to-industrial-wind-energy-projects-in-fragile-ibas-in-the-eastern-end-of-lake-ontario/#sthash.RuDpOcug.dpuf