Several appeals have now been launched to the Environmental Review Tribunal by opponents of the Kent Breeze wind farm, which recently received a renewable energy approval from the Ministry of the Environment. Last week, we wrote about the relatively modest appeal launched by Mr. Wachsmuth; we understand that he is now in the process of withdrawing his appeal but two others were filed: ERT – Notice of Appeal – Nov 29 10 – Erickson and CKWA – Notice of Appeal – Nov 29 10. The new appeals take essentially the same position as the Hanna judicial review application, and raise the following issues:
Is it more likely than not that the Kent Breeze Corp. and MacLeod Windmill Project Inc. as approved will cause serious harm to human health?
- Should the set-back requirements for participating landowners and/or others at these locations be the same as for all other persons?
- Should the approval be granted where the approval authority is unable to properly predict, measure or assess the sources that produce effects known to cause serious harm to human health?
- Should the approval be granted prior to the approval authority determining the effects on human health and whether or how to regulate low frequency noise emissions from industrial wind turbines?
- Does the approval comply with the approval authority’s Statement of Environmental Values (“SEV”)?
The Environmental Review Tribunal has issued its Scheduling order in the Erickson case and is moving rapidly to deal with these appeals.