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Tag Archives: wind farm legal action

Endangered turtles win wind farm appeal in Prince Edward County

27 Thursday Apr 2017

Posted by ottawawindconcerns in Renewable energy, Wind power

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APPEC, community opposition wind farm, endangered species Ontario, environmental damage wind farm, prince Edward County, Wind Concerns Ontario, wind energy, wind farm, wind farm legal action, wind power, wind turbines

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

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Wind farm Constitutional challenge now before the judges

21 Friday Nov 2014

Posted by ottawawindconcerns in Renewable energy, Wind power

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adverse health effects, Environmental Review Tribunal, Health Canada, Health Canada wind turbine noise and health study, Julian Falconer, wind energy, wind farm, wind farm appeals, wind farm legal action, wind farms, wind turbine noise, wind turbines

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.

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