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Tag Archives: Environmental Review Tribunal

North Stormont community fight for environment begins Monday

22 Sunday Jul 2018

Posted by ottawawindconcerns in Health, Ottawa, Renewable energy, Wind power

≈ 1 Comment

Tags

EDP Renewables, environment and energy, Environmental Review Tribunal, Eric K Gillespie, ERT, Ministry of Environment Conservation and Parks, renewable energy, William Palmer, Wind Concerns Ontario, wind farm, wind power

Citizens of North Stormont are preparing for their appeal of the 100-megawatt wind power project, which begins Monday in Finch before the Environmental Review Tribunal

Wind turbine near Brinston, south of Ottawa: citizen reports of noise from industrial wind turbines are unresolved in Ontario [Photo: Ray Pilon]

July 22, 2018

In a bizarre fight which sees ordinary citizens marshalling scarce after-tax dollars to fight the Ontario government’s environment ministry to try to protect the environment (and safety and health), the Concerned Citizens of North Stormont begins its appeal of the 100-megawatt “Nation Rise” wind power project tomorrow, July 23rd.

The appeal goes before the quasi-judicial Environmental Review Tribunal, a panel that is part of the Environment and Lands Tribunals (ELTO) of Ontario.

Almost every single wind power project in Ontario has been appealed, but there have been few victories in a system apparently set up to favour the power developers. Most successful appeals were won on blatant risks to wildlife and the environment, and one on aviation safety (the completely insane Fairview Wind project, planned between two airports near Collingwood).

Despite decisions that note the pain suffered by people forced to live inside wind power projects, the Tribunal has refused to consider any risk to health from the huge industrial-scale wind turbines, that do emit a range of noise.*

The power developer, Portugal-based EDP, is represented by John Terry of international law firm Torys LLP; Mr Terry has also represented the wind industry lobbyist and trade association, CanWEA, in the past. The new environment ministry, now the Ministry of the Environment, Conservation and Parks or MECP, will also be represented by a team of lawyers.

The citizens’ group will be represented by lawyers from the environmental law firm of Eric K. Gillespie.

Risks to environment, safety and health

The community concerns filed with the Notice of Appeal include the danger to the area water supply (most of the project is on a “highly vulnerable” aquifer), safety from turbine operations, and health impacts from the noise from the industrial-scale wind power generators/turbines.

Tomorrow’s appearance will consist of Opening Statements, and a series of presenters including mechanical engineer Vern Martin, who will discuss safety concerns posed by the wind turbines and blades.

Tuesday, the themes are noise and health, and public safety, with Wind Concerns Ontario president Jane Wilson presenting data on the thousands of noise complaints lodged with the Ontario government which have not been resolved. Engineer William Palmer will present information on turbine events in Ontario related to debris and ice throw from the turbine blades.

Thursday will see appellant presenters discussing the risk to the aquifer and local water wells, posed by the foundation construction and wind turbine vibration.

The proceedings will take place in the Finch Community Centre and Arena, beginning at 9 a.m., and are open to the public.

Fund-raising for the citizen effort to protect the community is ongoing, please see the Go Fund Me link, here.

contact@windconcernsontario.ca

  • From the report on wind turbine noise by the Council of Canadian Academies, 2015: “Wind turbines are a particularly complex and distinctive source of sound, which can span a wide range of frequencies including low-frequency tones. …The evidence shows a positive relationship between outdoor wind turbine noise levels and the proportion of people who report high levels of annoyance. (“Annoyance” is employed here as a medical term denoting stress or distress. Annoyance is listed by the World Health Organization as an adverse health effect.)
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Wind power developer uses threat to influence environmental agency

15 Saturday Apr 2017

Posted by ottawawindconcerns in Renewable energy, Wind power

≈ 9 Comments

Tags

Alliance to protect Prince Edward County, APPEC, Blanding's Turtle, Environmental Review Tribunal, Ontario Ministry of the Environment and Climate Change, prince Edward County, wind farm, wind fram environmental damage, wind power, wind turbines

Power developer announcement it is about to clear land which is habitat for an endangered species is an attempt to force the Environmental Review Tribunal to issue a decision on the Prince Edward County wind power project, and proposed “remedies” for species at risk

The Environmental Review Tribunal determined the Blandings Turtle was endangered by the wind farm; the company is proceeding with construction in the absence of a final decision

April 15, 2017

Minutes before 4 PM on the Thursday of the Easter weekend, Germany-based wind power developer WPD issued notice to the Environmental Review Tribunal that the company intends to start clearing land in advance of building the White Pines power project.

Land clearing is to begin on Wednesday, the corporate power developer said, which meant there is only one day after the Easter weekend to file any documents against the action.

The White Pines project has been contested in an appeal before the Tribunal; the original decision found that the power project would cause harm to endangered species of turtles and bats. A hearing was held in late January to hear possible “remedy” actions to prevent loss of life, but a decision accepting or rejecting the remedies has not yet been rendered.

WPD is in danger of being in breach of its contract with the Ontario government if it does not begin supplying power by the critical Commercial Operation Date.

The Blandings Turtle, one of the endangered species at risk from the wind power project construction, has already been seen in the County by residents, so has emerged from hibernation.

The rush to construction shows how willing the wind power developer is to risk environmental damage, a spokesperson for the Alliance to Protect Prince Edward County told news media Quinte News.

At an earlier phase of the White Pines project WPD began unauthorized land clearing but was halted by an order from the Environmental Review Tribunal. WPD is also the power developer behind the contentious Fairview Wind project near Collingwood. It threatened to sue the Ontario government if a contract was not issued for the power project.

Previous attempt by WPD to clear land for unauthorized construction of the Prince Edward County wind power project

 

 

Pilots demand Transport Minister act on aviation safety and wind turbines

03 Saturday Sep 2016

Posted by ottawawindconcerns in Ottawa, Renewable energy, Wind power

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aviation safety, Canadian Owners and Pilots, Collingwood airport, COPA, Environmental Review Tribunal, Fairview Wind, Kevin Ellwood, Marc Garneau, Stayner Airport, wind farm, wind turbines, WPD Canada

Wind turbines may close busy airport: pilots launch political campaign

This is an excerpt from the August edition of COPA Flight, provided by a member of the Canadian Owners and Pilots Association.

So ridiculous, pilots can't believe anyone would put turbines at an airport
So ridiculous, pilots can’t believe anyone would put turbines at an airport

Windmills may close airport

By Russ Niles

The owner of an Ontario airport that will be in the shadow of a proposed wind turbine project fears Transport Canada [TC] will close his strip if the windmills are built.

Kevin Elwood says he’s been told by a senior TC official that the department will not intervene to prevent construction of the windmills but it will act to ensure public safety after the fact by restricting or even stopping operations at the affected airport.

“He said that if [the province of Ontario] chooses to put green energy before airports, that’s their choice,” he said. “We will respond by restricting airport operations and we will go so far as to close airports,” he {Elwood] quoted the official as saying.

That would seem to fit with the scenario now playing out over the so-called Fairview Project, a group of eight, 152-metre turbines planned for farmland adjacent to Elwood’s Clearview Aerodrome (also known as Stayner Airport). The huge windmills will be directly in the flightpath of aircraft in the circuit for his airport and the nearby Collingwood Airport.

TC has declined to oppose the project and that means the only hope Elwood and other opponents of the windmills have is the rarely used power on the Minister of Transport to unilaterally stop the project on safety grounds.

Minister Marc Garneau has so far been silent on the issue and COPA is calling on its 17,000 members (and voters) to apply their significant political influence to nudge him out of that complacency.

COPA has launched a full-scale letter writing campaign to draw attention to the issue that Elwood is convinced is an immediate threat to both airports and will set a precedent that could affect airports across the country.

The turbines would be in blatant violation of Transport Canada’s airport obstacle guidelines and Garneau, a long-time pilot and COPA member, has the power to stop their construction. In fact, because of the protection afforded such projects by Ontario’s Green Energy Act, Garneau is probably one of the few who can stop them. He won’t even talk about the issue, however.

“We really have a good working relationship with Transport Canada, very open and collaborative,” [says COPA President Bernard Gervais]. “As part of our regular discussions I presented the situation and possible course of action,” Gervais said. “Section 6.41 of the Aeronautics Act authorizes the minister to make an interim order to deal with such threats to aviation. If the minister is of the opinion that the windmills are hazardous to aviation safety, he (or his deputy) has the authority to stop such construction. … the lack of feedback from TC and knowing this is a very sensitive political issue, drives me to think that our only course of action at this point is to go on the political front.”

ERT members unfamiliar with aviation safety

COPA appeared at the original [ERT] hearings in the approval* process along with many other opponents, and all of the arguments were essentially ignored. … Complicating that process is the fact that the two members hearing the health arguments have no aviation background at all and have had to be schooled on airport operations and aviation terminology.

… [Elwood] says that if it plays out as he thinks it might, TC will either close his airport or make it so difficult and inconvenient to use that it might as well be closed. The aerodrome is home bas to Elwood’s business, an aircraft management and business charter operation. Over the years he’s invested heavily in hangars and other infrastructure and if the windmills go ahead, a lifetime of work might go down the drain.

[The wind turbines] will prevent pilots from using the recently re-invigorated [Collingwood Airport]. Ironically, the federal government has spent millions on improvements to the field, including a new terminal and lots of new pavement.

“Even people who don’t fly, [says Collingwood based pilot Austin Boake], they realize it’s just common sense …It’s just so ridiculous I can’t even believe it.”

*The author means the “appeal process.”

For more information on the COPA appeal go to: http://www.copanational.org/FeedFeds.cfm

Trudeau government silent on wind farm noise and health problems

30 Thursday Jun 2016

Posted by ottawawindconcerns in Ottawa, Renewable energy, Wind power

≈ 2 Comments

Tags

Environmental Review Tribunal, Health Canada, Jim McPherson, Justin Trudeau, Ottawa Sun, Trudeaufgovernment, wind farm noise, wind turbine noise, wind turbine noise and health impacts

In sworn testimony at an environmental review tribunal, a Health Canada official confirmed industrial wind turbines — large, noise-emitting devices — are regulated under the federal Radiation Emitting Devices Act

Ottawa Sun, Jun 28, 2016

The federal government’s inaction on wind turbine noise is making Canadians sick.

It’s been a year-and-a-half since Health Canada’s $2-million study determined low-frequency acoustic waves from industrial wind turbines cause community annoyance.

According to the World Health Organization, unwanted noise, even at a moderate level, can lead to a myriad of adverse health outcomes, including stress-related symptoms such as sleep disturbance, elevated blood pressure, cardiac events and depression.

It’s a “green” form of radiation sickness.

Canada’s Radiation Emitting Devices Act (REDA) is supposed to regulate the design and operation of devices that emit radiation, such as microwave ovens and tanning beds. In sworn testimony at an environmental review tribunal, a Health Canada official confirmed industrial wind turbines — large, noise-emitting devices — are regulated by REDA.

REDA requires a manufacturer or importer of such a device to “forthwith notify the Minister” upon becoming aware its device is emitting radiations not necessary for the performance of its function.

On June 15, Barbara Ashbee of Mulmur, Ontario, together with hundreds of other Ontarians, sent an open letter to Health Minister Jane Philpott, asking why Health Canada has not insisted wind energy corporations report citizen complaints about noise radiation. She wants the minister to meet with her and representatives of citizens suffering from turbine noise radiations.

Ashbee wrote: “Many in Ontario and elsewhere have logged serious health complaints with proponents/operators of wind turbine projects, provincial and federal government ministries as well as wind turbine manufacturers … As previous ministers and current Minister Philpott have been informed, the adverse effects of wind turbines are not trivial.”

Access to Information records indicate wind energy corporations have reported no complaints.

Why is Health Canada not forcing wind turbine operators to report citizen complaints, as required?

Is the wind industry lobby that strong?

Why were Canadians not told wind turbine corporations are required to report citizen complaints to Health Canada? Were wind energy companies also not told about the REDA?

Why did Health Canada’s Wind Turbine Noise and Health study exclude people under age 18 and over age 79, the most vulnerable segments of Canada’s population?

Why do REDA regulations not include standards for the design and operation of wind turbines, as they do for microwave ovens, etc.?

Prior to the 2015 federal election, Canadians for Radiation Emission Enforcement (CFREE) asked candidates in wind turbine-affected Ontario ridings: “Will you support a moratorium on new wind turbines within 2 km of residences, until REDA regulations are updated to clearly stipulate wind turbine operators must comply with REDA, and to include scientifically proven safe setback distances?”

The survey revealed equal support from candidates of all four parties for a wind turbine moratorium. Only three candidates opposed it, but none were elected. In Ontario, the turbine setback is only 550 meters from residences.

Other countries are extending setbacks to safer distances. In Poland, the setback is now ten times turbine height. In closely settled Bavaria, it is now two kilometres. But there is no such action from Health Canada. No moratorium. No change in setbacks. No standards in REDA. More wind projects are planned. More Canadians are getting sick.

Openness and transparency are supposedly important to the federal Liberal government.

What will Prime Minister Justin Trudeau do about Health Canada’s inaction on wind turbines?

Read the full story here.

Wind turbines do not trump natural environment, Tribunal says

07 Tuesday Jun 2016

Posted by ottawawindconcerns in Renewable energy, Wind power

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endangered species Ontario, Environmental Review Tribunal, ERT, Gilead Power, Ostrander Point, prince Edward County, wind farm environmental damage

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.

Group files court documents for Judicial Review of wind farm approval

01 Tuesday Dec 2015

Posted by ottawawindconcerns in Ottawa, Renewable energy, Wind power

≈ 1 Comment

Tags

CCSAGE, climate change, endangered species Ontario, environment, Environmental Review Tribunal, Garth Manning, green energy, Green Energy Act, prince Edward County, wind energy, wind farm, wind farm approvals, wind power

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

–>

Fixing a bad law: lawyers collaborate to fight Green Energy Act

24 Thursday Sep 2015

Posted by ottawawindconcerns in Renewable energy, Wind power

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Environmental Review Tribunal, Green Energy Act, legal action wind farms, opposition to wind farms, prince Edward County, Renewable Energy Approvals Ontario, wind farms, wind power, wind power developer profits, windmills, WPD Canada

 

Wellington Times, September 23, 2015

Legal minds collaborate to restore rights and safeguards diminished by the Green Energy Act

The Green Energy Act (GEA) is the target of a proposed judicial review to be launched this fall. CCSAGE Naturally Green, a not-for-profit public interest corporation led by its directors Anne Dumbrille, Alison Walker and Garth Manning, believe the GEA is a fundamentally flawed piece of legislation. They argue the GEA tramples rights and freedoms, punishes rural Ontarians, contravenes statutes and conventions the province is bound to uphold, and, at its core, is fundamentally unjust.

One example: Currently, wind developer wpd Canada is appealing a decision, made under the provisions of the GEA, permitting it to build 27 of 29 industrial wind turbines it proposes in South Marysburgh. In making this appeal, the developer is allowed to make a wide range of arguments and present evidence in its favour. It will certainly argue that the decision will impair its ability to make money from the project. It may argue that the heritage value of the nearby properties has been overstated. It is likely to argue many things. Because it can.

Meanwhile, opponents of the project are permitted only to object on the basis that the project will cause serious harm to humans or serious and irreversible harm to plant life, animal life or the natural environment.

The developer is granted unlimited scope to argue in favour of its profit, while residents are restricted to just two near-impossible tests. The province designed the GEA this way.

Alan Whiteley, a lawyer acting for CCSAGE, considers the GEA a fundamental assault on the rights, freedoms and statutes that have been constructed to protect citizens and the environment from this kind of overreach by government. It is something, he argues, we must all resist.

Specifically he is asking the courts to examine the process by which the province reviewed and ultimately granted the renewable energy approval (REA) to wpd Canada for its White Pines project in South Marysburgh.

“We believe there is a reasonable apprehension of bias in the process,” said Whiteley. “The GEA has created a minority—residents of rural Ontario—and has taken away our right to object except for the narrowest of grounds.”

He argues that the Environmental Review Tribunal (ERT), as the sole appeal mechanism of an REA is a product of this bias.

He explains that under administrative law, the Ministry of Environment’s director plays a quasijudicial role—examining and weighing evidence and reaching a decision, for example, to grant a wind developer an approval, which could include a permit to “harm, harass and kill” an endangered species. But as citizens, we are precluded from knowing how that decision was reached— or whether it was fair.

To assist CCSAGE scale this legal mountain, the group has enlisted the assistance of York University professor Stepan Wood and five of his law students at Osgoode Hall Law School. Together, they are working to accumulate evidence and legal arguments to buttress the group’s claim that the GEA violates natural justice, prevailing statutes and individual rights in at least two dozen ways.

PREJUDICIAL AND UNFAIR
Whiteley returns to the inequity of the ERT appeal mechanism that enables the developer a wide scope of arguments, but restricts opponents to just two—human health and animals, plants and habitat destruction.

“Only the proponent may argue matters of heritage, economics or property rights,” explained Whiteley. “We are precluded by the act from showing how this project will impact heritage, the local tourism economy or property values. The ERT is part of the unfairness.”

He points to the divide created by the GEA in Ontario between rural and urban communities.

“In Toronto, you can rely on your official plan to protect you from industrial wind turbines from diminishing the value of your property,” said Whiteley. “In rural Ontario, local decisionmaking has been taken away. Our mayor has said clearly that this community is not a willing host to these projects. Yet the GEA permits it over the objections of the community.

“The GEA has created a minority in rural Ontario and taken away our right to object to development that fundamentally alters our landscape, economic prospects and heritage value—with no recourse,” said Whiteley. “This is prejudicial and unfair.”

He says the province is signatory to statutes and memorandums of understanding with other governments to protect endangered species and species at risk. Yet it grants wind and solar developers permits to ‘harm, harass and kill’ these animals and destroy habitat— without knowing how, or on what evidence, the province reached its conclusion.

This is a particularly acute question since a ministry expert on turtles testified earlier this month in an ERT hearing in Demorestville that he recommended against granting a developer the permit to ‘harm, harass and kill’ the Blanding’s turtle.

The group hopes to commence court proceedings shortly after Thanksgiving. They expect muscular response from the Ontario government and from the developer and the Canadian wind industry. If successful, they expect, the decision will be appealed—likely landing at the Supreme Court of Canada.

Another measure of the significance of the challenge is the participation by the Osgoode Law School’s Wood and students Stephen Gray, Sabrina Molinari, Timon Sisic, Amanda Spitzig and Imelda Lo.

“Each of them comes to the project with a remarkable CV,” noted Garth Manning. “They have taken to this challenge like ducks to water. It is such an important issue, with a great many powerful adversaries. We are fortunate to have them working with us.”

Manning notes that a judicial review is being funded initially by the group internally. Much of the legal work will be done on a pro bono basis by Whiteley and the law school students, with research and evidence-gathering assisted by Anne Dumbrille and Allison Walker among others. He notes as well that this effort is not meant to conflict or compete with other appeals— but rather it is a parallel examination of the impact the GEA has had in upending justice, diminishing basic rights and contravening statutes the province is obligated to uphold.

SHOW YOUR SUPPORT
The Alliance to Protect Prince Edward County (APPEC) is hosting a major rally in Milford on Sunday, which they hope will be a large and impressive statement about the prospect of as many as 29 50-storey industrial wind turbines erected around that community.

From 11 a.m. to 4 p.m. at the Milford Fairground, there will be music, food and inspiring words. Participants are encouraged to don their anti-wind turbine kit. At 12:30 p.m. participants will be asked to join hands to form a protective circle around Mount Tabor.

“We encourage everyone from across the County to join together to say that this is the wrong place for industrial wind turbines,” said Gord Gibbins, APPEC chair.

Ontario ignored recommendation not to build wind farm: government scientist

07 Monday Sep 2015

Posted by ottawawindconcerns in Renewable energy, Wind power

≈ 2 Comments

Tags

Canadian Herpetology Society, Dalton McGuinty, endangered species Ontario, Environmental Review Tribunal, Eric Gillespie, green energy, Ontario Ministry of Natural Resources and Foresty, Ontario Ministry of the Environment, Ontario Nature, Ostrander Point, Prince Edward County Field Naturalists, wind farm, wind farm environmental damage, wind power

Did the McGuinty government ignore real science in favour of political ideology?

Did the McGuinty government ignore real science in favour of political ideology?

Report from the Prince Edward County Field Naturalists on stunning testimony at the Environmental Review Tribunal, September 4.

What began as a usual day in the extended Environmental Review Tribunal appeal of the Ministry of the Environment and Climate Change plan to allow development at Ostrander Point in the PEC South Shore Important Bird Area finished with an unexpected ruling.

The witness was Joe Crowley from the Ministry of Natural Resources and Forestry, who was qualified as a species at risk herpetologist with expertise in Blanding’s Turtles.  Mr. Crowley has a long history of interest in and working in the field of herpetology in Ontario and helped to develop the Ontario Herpetology Atlas, a citizen science project, while working with Ontario Nature before he started his tenure with MNRF.  At MNRF his responsibilities included being the species at risk expert on herpetology, giving advice to staff and partners and conservation groups on the development of species at risk protection plans.  He was instrumental in developing the provincial task team forestry policy regarding amphibians and reptiles. He is a member of the reptile and amphibian sub- committee of COSEWIC (Committee on the Status of Endangered Wildlife in Canada), reviewing reports for that committee of technical and scientific information which informs decisions regarding listing species at risk.  He is the Vice President of the Canadian Herpetology Society responsible for web site development and communication.

Mr. Crowley’s witness statement was concerned with the attempts to mitigate harm to the indigenous turtle population at Ostrander Point through the installation of gates on the turbine access roads and a program of monitoring, signage and staff training.  Mr. Crowley answered many questions about the effectiveness of the various mitigation measures proposed to protect the turtles.  Gates are proposed on about 6 road intersections on the site including the intersection of Helmer Rd and Petticoat Point Lane.  Mr. Crowley indicated that he felt that those gates would reduce the risk of turtle mortality to public vehicular traffic; however the presence of roads would increase the probability of turtles nesting in a place that would make them more vulnerable to predation and the roads were unlikely to deter poachers.

The unexpected part of the day came when Mr. Crowley was asked about his role in the granting of the Endangered Species Act permit granted allowing the proponent to “kill harm and harass” the Whip—poor-will and the Blanding’s Turtle at Ostrander point.  Mr. Crowley stated that his advice at the time was not to allow the permit because the project roads would prove a risk to the site’s indigenous Blanding’s Turtles.

This new information caused an abrupt halt in the proceedings.  The legal argument was made by PECFN counsel, Eric Gillespie that it appeared that a senior manager at MNRF had advised against approval of the Ostrander project at the very onset. Mr. Gillespie requested documentation of that advice. Mr. Crowley was unable to produce any documentation and asserted that the final decision on the project was not his. Ultimately after much legal discussion the Tribunal issued a ruling:

That the Ministry of Natural Resources and Forestry witnesses produce forthwith all papers and electronic correspondence to date relating to roads and/or Blanding’s Turtle and this renewable energy approved project and site.

The Tribunal resumes on September 23, 24 and 25.

– See more at: http://www.saveostranderpoint.org/september-4-2015-day-3-at-the-ert-hearing/#sthash.lokjWGkK.dpuf

Is Ontario’s push for giant wind farms killing the green energy movement?

02 Wednesday Sep 2015

Posted by ottawawindconcerns in Renewable energy, Wind power

≈ 4 Comments

Tags

Algoma, Amherst Island, at-risk species Ontario, endangered species Ontario, Environmental Review Tribunal, green energy, Green Energy Act, Kathleen Wynne, Lake Ontario, LSARC, Nature Canada, Ontario, Ontario environment, Ontario Ministry of the Environment and Climate Change, Ostrander Point, Prince Edward County Field Naturalists, Pronce Edward County, Robert Quaiff, wind farm, wind farm environmental damage, wind power

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Is Ontario’s rush to wind power killing the green energy movement?

TORONTO, CAN, September 2, 2015

Ontario’s stance as an environmental activist province in Canada and would-be leader in climate change action is taking a beating after the government approved two controversial wind power projects, and continues to fight environmental groups and citizens on a third.

Last week, the Ontario Ministry of the Environment and Climate Change approved a 75-megawatt power project on tiny Amherst Island in Lake Ontario. The island is home to several species of wildlife declared endangered or at-risk by the same government, and is also a resting place for migrating birds. The birds attract eco-tourists from all over the world.

The threat of the wind power project to the heritage environment is so great that Heritage Canada’s National Trust named the island one of Canada’s Top Ten Endangered Places.

“There are some places where wind power projects shouldn’t go,” says Michele LeLay, spokesperson for the community group the Association to Protect Amherst Island. “This is one of them.”

Abundance of birds at risk

Also on Lake Ontario, is Prince Edward County where the province recently approved another large wind power generation project for the South Shore. The environmental danger is undeniable, says Cheryl Anderson, of the Prince Edward County Field Naturalists: “Data gathered over 20 years confirms the South Shore is a major migratory pathway for an astonishing diversity and abundance of birds. This unique blend of ecosystems supports numerous varieties of rare plants, eight species of at-risk turtles, Monarch butterflies and many amphibian species.  Because of its unique biodiversity, the value of Prince Edward County’s South Shore is unparalleled as an ecotourism venue.”

The Ontario government heads back to the quasi-judicial Environmental Review Tribunal in September, to hear the appeal of a wind power project at Ostrander Point, also in Prince Edward County, halted by the Tribunal in 2013 due to the danger to a rare species of turtle. After several sessions in court, the decision has been returned to the Tribunal where community groups are in the unusual position of spending hundreds of thousands to protect the environment from the Ministry of the Environment.

Prince Edward County Mayor Robert Quaiff is outraged at the approvals and has been trying to see the Premier of Ontario, so far with no luck. In a letter to her he said “efforts to implement the Green Energy Act [legislation pushing wind power] are becoming counter-productive through resulting negative impacts to endangered species, as well as the prosperity and well-being of rural Ontario Communities.”

The concern about Ontario’s pro-wind agenda and resulting environmental damage is not limited to the southern parts of the province. Canada is known around the world for its iconic landscapes in the Algoma region around Lake Superior, now also the site for unbridled wind power development. Hills and valleys made famous by Canada’s Group of Seven artists are now scarred by clear-cutting of trees, flattening of ridges, and the construction of roads and turbine foundations.

George Browne of Lake Superior Action Research Conservation (LSARC) says the devastation to the wilderness is immense. Wilderness, he says, “is a rare and unique feature, understood by many to represent the grandeur of nature; vastness is an essential part of the aesthetic appeal of the landscape. It is worthy of conservation.”

Approval of projects in fragile areas will tarnish green energy industry

Nature groups believe that Ontario’s inappropriate choices for wind power development will actually harm the green energy movement. Ontario Nature and Nature Canada jointly stated: “We sincerely believe [approval of the Amherst Island project] will further tarnish Ontario’s green energy industry, and ultimately undermine future projects in less controversial areas. The opposition of this project in the naturalist community is palpable. The risks of killing large numbers of raptors, swallows and bobolinks is high. Approval will further alienate a segment of Ontario’s population from the green energy agenda and tip an already fragile balance.”

Ontario is guilty of hypocrisy says Ontario’s premier community coalition, Wind Concerns Ontario. “The government’s recent decisions show they have lost their way,” says President Jane Wilson. “Killing birds and despoiling wilderness is not the way to save the environment.”

END

Contact: Wind Concerns Ontario www.windconcernsontario.ca

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Prince Edward County South Shore: major pathway for migratory birds

Prince Edward County South Shore: major pathway for migratory birds

Prowind wind farm in Norwich appealed

23 Tuesday Jun 2015

Posted by ottawawindconcerns in Health, Renewable energy, Wind power

≈ 3 Comments

Tags

animal health wind farms, Curries Aerodrome, East Oxford Community Alliance Inc., Environmental Review Tribunal, health impact wind farm noise, Juan Anderson, Prowind, wind farm appeals, wind farm legal actions, wind power, wind turbine noise

Prowind was the wind power developer based in Germany that had a proposal for the North Gower-Richmond area of Ottawa. The company failed to qualify for bids for new projects in 2015. Norwich Gazette, June 22, 2015

A local group is appealing the Ministry of Environment and Climate Change’s decision to issue a renewable energy approval for the Gunn’s Hill wind farm. East Oxford Community Alliance Inc., a group of local citizens that has opposed the project since its announcement, has challenged the approval, citing several points to demonstrate the project will cause serious harm to human health and plants, animals and the natural environment. The matter will now be heard in front of the Environmental Review Tribunal. The hearing is scheduled for June 29, 30, July 6 through 8, July 14 and 16. The location is Oxford Centre hall. Information posted to the provincial Environmental Registry states the Alliance is asking the Tribunal to revoke the decision to issue the REA. The Alliance’s grounds for the hearing, as outlined on the registry website, include impacts to human health, the project’s proximity to Curries Aerodrome and harm to local animals. “Industrial wind turbines are known to cause a range of serious health effects (e.g., sleep disturbance, headaches, tinnitus, ear pressure, dizziness, vertigo, nausea, visual blurring, irritability, depression, problems with learning and concentration, increased stress, memory and panic episodes) and further impacts arising from these impacts (e.g., increased morbidity and significant chronic disease) in approximately 5 per cent to 30 per cent of the population,” the appeal posting states, adding the health effects are more likely than not caused by exposure to infrasound, low frequency noise and visual impact. The appeal posting also claims the construction and operation of the project as proposed will result in interference with radar systems at London and Hamilton and thus affect the safety of aviation-related activity in the area. The project is also proposed for an area in close proximity to Curries Aerodrome, which would expose pilots to unsafe conditions and require them to adopt unsafe practices during takeoffs and landings. Another point of the appeal is the impact it could have on livestock health, reproduction or productivity, which would affect the livelihoods of farm operators. Prowind Canada’s Gunn’s Hill wind farm project received environmental approval from the MOECC April 9. At that time, Prowind Vice-President Juan Anderson said the company is prepared to follow the appeal process, but was confident in the process it followed to receive ministry approval.

Editor’s note: the community group found that there were numerous errors and omissions in Prowind’s submission to the Ministry of the Environment.

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