Procedural skirmishing is underway in the Hanna lawsuit against Ontario wind turbines.
Hanna is seeking a declaration striking down certain sections of O.Reg. 359/09 that could authorize renewable energy permits for wind farms. He argues that the Environmental Bill of Rights requires the MOE to consider the Ministry Statement of Environmental Values in its decision-making, and that the regulation breaches the precautionary principle because of uncertainty concerning the health effects of wind turbines.
The Canadian Wind Energy Association has been permitted to intervene in the case as a friend of the Court, but not as a party. Also, certain of Hanna’s supporting affidavit material has been struck out. Otherwise, the case continues to grind on. I still don’t think it has any chance of winning, but Hanna may be able to frighten some potential investors.