Tag Archives: wind farm appeals

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

01 Tuesday Dec 2015

Posted by in Renewable energy, Wind power

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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.]

Prowind wind farm in Norwich appealed

23 Tuesday Jun 2015

Posted by in Health, Renewable energy, Wind power

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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.

Wind farm fight in Ontario 2014: no giving up

31 Wednesday Dec 2014

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From Wind Concerns Ontario

Ontario wind farms in 2014: a look back

A spokesperson for Northland Power, whose Grand Bend wind power project can now proceed following decision in an appeal, told a London Free Pressreporter that “One would think the people opposed would lose their appetite for this fight, but they haven’t yet.”

Indeed not. And 2015 will be more of the same as almost every wind power project in Ontario has been appealed, and several are headed for judicial review. Plus, countless private individuals have lodged or plan to take legal actions related to noise nuisance and property value loss.

The truth will stand, eventually.

Here’s a look back in pictures at the year that was.

Parker Gallant (R) on the Dale Goldhawk consumer radio show for one hour on the $16-million Christmas Day power giveaway in Ontario. Wind Concerns Ontario documented the millions lost over 2014 through Ontario's mismanaged energy sector
Parker Gallant (R) on the Dale Goldhawk consumer radio show for one hour on the $16-million Christmas Day power giveaway in Ontario. Wind Concerns Ontario documented the millions lost over 2014 through Ontario’s mismanaged energy sector
Julian Falconer represented four families in a legal challenge; while many points about the appeal process were made, the appeal was lost
Julian Falconer represented four families in a legal challenge; while many points about the appeal process were made, the appeal was lost
Lawyer Eric Gillespie continues to represent Ontario communities and appeals against wind power projects; more to come
Lawyer Eric Gillespie continues to represent Ontario communities and appeals against wind power projects; more to come
Auditor General Lysyk becomes the 2nd A G in a row to lambaste the Ontario government for its incompetence in the energy file, and wasted money on green energy
Auditor General Lysyk becomes the 2nd A G in a row to lambaste the Ontario government for its incompetence in the energy file, and wasted money on green energy
Transport Canada bends to pressure from Big Wind and rescinds order to remove Chatham-Kent wind turbines for safety. (2015 is an election year!)
Transport Canada bends to pressure from Big Wind and rescinds order to remove Chatham-Kent wind turbines for safety. (2015 is an election year!)
Invenergy pulls out of Listowel-area wind project
Invenergy pulls out of Listowel-area wind project
Health Canada releases non-peer-reviewed summary of noise and health study; shows that 16.5% of people within 1 km of turbines experience distress. Media misses this. (2015 is an election year!)
Health Canada releases non-peer-reviewed summary of noise and health study; shows that 16.5% of people within 1 km of turbines experience distress. Media misses this. (2015 is an election year!)
Energy Minister Bob Chiarelli tries to explain that Ontario's electricity bill increases are insignificant, thereby demonstrating his opinion of the intelligence of Ontario citizens
Energy Minister Bob Chiarelli tries to explain that Ontario’s electricity bill increases are insignificant, thereby demonstrating his opinion of the intelligence of Ontario citizens
Two wind power projecst approved for Ontario's world-famous Algoma region, showing the Ontario government has no regard for the environment, whatsoever
Two wind power projects are approved for Ontario’s world-famous Algoma region, showing the Ontario government has no regard for the environment, whatsoever
None so blind as those who will not see. Or listen. Toronto-based Ontario Premier Kathleen Wynne ignores rural and small-town communities. New procurement process for large-scale power projects still does not allow municipalities to say "No" to Big Wind.
None so blind as those who will not see. Or listen. Toronto-based Ontario Premier Kathleen Wynne ignores rural and small-town communities. New procurement process for large-scale power projects still does not allow municipalities to say “No” to Big Wind.
Rallies and protests continue throughout the province; this one to Save the Nor'Westers
Rallies and protests continue throughout the province; this one to Save the Nor’Westers
Dr Robert McMurtry, officer of the Order of Canada, publishes a case definition for adverse health effects associated with wind turbine noise, with health researcher Carmen Krogh
Dr Robert McMurtry, officer of the Order of Canada, publishes a case definition for adverse health effects associated with wind turbine noise, with health researcher Carmen Krogh
87 communities have now passed Not A Willing Host resolutions
87 communities have now passed Not A Willing Host resolutions
Fund-raising events occur throughout the province: here Stephana Johnston attends a supper for SWEAR and the Drennan case
Fund-raising events occur throughout the province: here Stephana Johnston attends a supper for SWEAR and the Drennan case
One of Tim Hudak's election promises was to end the Green Energy Act and enact new regulations; the PCs lose the election for various reasons, disappointing rural/small-town Ontario
One of Tim Hudak’s election promises was to end the Green Energy Act and enact new regulations; the PCs lose the election for various reasons, disappointing rural/small-town Ontario. The Liberals win a majority and vow to continue their (money-losing) green energy policies.
Sun Media's Down Wind doc film with Rebecca Thompson attracts $30,000 in crowd-funding in days
Sun Media’s Down Wind doc film with Rebecca Thompson attracts $30,000 in crowd-funding in days
The Blandings Turtle is in and out of court as Prince Edward County citizens fight the Ontario Ministry of the Environment to save the environment. CanWEA lawyer announces in Toronto court that no appeal was ever supposed to be successful, and the Environmental Review Tribunal needs "direction" so a successful appeal never happens again.
The Blandings Turtle is in and out of court as Prince Edward County citizens fight the Ontario Ministry of the Environment to save the environment. CanWEA lawyer announces in Toronto court that no appeal was ever supposed to be successful, and the Environmental Review Tribunal needs “direction” so a successful appeal never happens again.
Drs Ian Arra and Hazel Lynn publish a review that says there is evidence of an association between wind turbine noise and distress
Drs Ian Arra and Hazel Lynn publish a review that says there is evidence of an association between wind turbine noise and distress
After taking on Big Wind for years and NextEra in specific, members of the members of the Wrightman family of Middlesex-Lambton decamp to Nova Scotia (but continue to fight)
After taking on Big Wind for years and NextEra in specific,  members of the Wrightman family of Middlesex-Lambton decamp to Nova Scotia (but continue to fight)
Big Wind continues its indoctrination of schoolchildren with support of the Ontario government. In this case, distribution of the T-shirts was halted when parents complained
Big Wind continues its indoctrination of schoolchildren with support of the Ontario government. In this case, distribution of the T-shirts was halted when parents complained
Ontario communities fight against the Big Wind "scam": wind power cannot deliver on its promises of reducing GHGs, creating jobs, protecting the environment
Ontario communities fight against the Big Wind “scam”: wind power cannot deliver on its promises of reducing GHGs, creating jobs, protecting the environment

Wind farm Constitutional challenge now before the judges

21 Friday Nov 2014

Posted by in Renewable energy, Wind power

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Wind farm legal decision expected before January

Turbines near Ridgetown: environmental review tribunals ignore evidence of adverse health effects
Turbines near Ridgetown: environmental review tribunals ignore evidence of adverse health effects

Big money on one side, families on the other

Jonathan Sher, London Free Press, November 20, 2014

A judicial fight over the future of wind turbines in Ontario wrapped up Thursday with the fate of the province’s green energy law in the hands of judges.

On one side is big money, wind energy giants like Samsung and a Liberal government intent on becoming a world leader in creating green energy.

On the other are four families in Huron and Bruce counties whose homes are close to dozens of proposed turbines.

But while it seems a David and Goliath affair, the underdogs have enlisted a legal pugilist who Thursday seemed to dance circles around the arguments of his adversaries, wrapping up a four-day hearing in London with an emotionally-loaded challenge to three Superior Court justices.

“The system has utterly broken down,” said Julian Falconer. “You have been tasked with keeping these people safe.”

Falconer was the most dynamic of lawyers representing four families in Southwestern Ontario battling the building of wind farms.

It’s not the first time lawyers have challenged the Green Energy Act in court. Three years ago, wind opponents lost in court fighting a decision by an environmental review tribunal to allow a wind farm. But the 2011 effort had a handicap this one does not — it was a judicial review, in which judges must give deference to the tribunal.

This time, Falconer wants the three-judge panel to:

  • Halt, by issuing what’s called a stay, wind farms that are expected to be tested in January.
  • Rule the environmental tribunal violated the constitutional rights of wind opponents when it refused to allow new evidence from a Health Canada study.
  • Allow wind opponents to stop wind farms by showing they might be seriously harmed rather than proving they had been harmed.

The judges expect to issue a decision on the stay soon, and while they didn’t specify a date, it’s likely they’ll act by January.

Environmental review tribunals shield their eyes to contrary evidence, Falconer said.

“They keep the blinders on. They’re not interested in new information. They’re interested in getting the turbines up,” he said.

But lawyers for the government and wind companies disagreed, one arguing the Health Canada study only showed a link between turbines and annoyance and the early results hadn’t yet been peer-reviewed.

“It’s a work in progress,” said Darryl Cruz, who represents St. Columban Energy.

The decision by the environmental tribunal was correct and wind companies should be allowed to complete their wind farms, he said.

That’s a position one Niagara wind opponent has been fighting for about four years, moving from her Welland home to keep away from planned turbines.

“It’s just wrong,” Catherine Mitchell said.

Wind opponents say turbines cause dizziness, headaches, heart palpitations and other illness.

The government says that’s wrong and that neighbours are protected because turbines are placed at least 550 metres from homes.

Ontario has more than 6,000 wind turbines built, planned or proposed, mostly in the southwest. Turbines account for about 4% of Ontario’s power.

Read the full article here.