Little Brown Bat the latest critter to shut down proposed wind farm
The Environmental Review Tribunal (“ERT”) has again demonstrated its willingness to allow appeals of renewable energy approvals (“REA”) for wind project on the basis that it will cause serious and irreversible harm to animal life, plant life or the natural environment…
View the post titled Little Brown Bat the latest critter to shut down proposed wind farmFurther wind litigation and the Oak Ridges Moraine: Part I
Another appeal of a Renewable Energy Approval (“REA”) for a wind turbine project has made its way to, and been refused by, the Environmental Review Tribunal (“ERT”). The appeal in SR Opposition Corp v Director, Ministry of the Environment and Climate Change, 2015 CanLII 86926 (ON ERT) concer…
View the post titled Further wind litigation and the Oak Ridges Moraine: Part ITribunal keeps upholding wind approvals
The Ontario Environmental Review Tribunal keeps upholding wind projects, despite opponents’ arguments that annoyance about wind turbines ought to be considered an adverse health effect. In Dingeldein v. Ontario (Director, Ministry of the Environment and Climate Change), 2015 CarswellO…
View the post titled Tribunal keeps upholding wind approvalsWild horses can't keep wind energy away: new twist on anti-wind litigation
In Clarington Wind Concerns v Ontario (Director, Ministry of the Environment and Climate Change), 205 CanLII 51503 (ON ERT), the Environmental Review Tribunal (“ERT”) has dismissed the latest twists in anti-wind litigation. This time, wind opponents raised concerns about spooked …
View the post titled Wild horses can't keep wind energy away: new twist on anti-wind litigationWind appeals starting to settle?
Now that the Divisional Court has upheld Ontario’s renewable energy approval process, and the decisions of the Environmental Review Tribunal on concerns about adverse health effects, wind appeals are starting to settle. The Tribunal has heard appeal after appeal against renewable energ…
View the post titled Wind appeals starting to settle?Another anti-wind appeal dismissed by Tribunal
The Ontario Environmental Review Tribunal has dismissed yet another anti-wind appeal, in 14-059 GILLESPIE V. MOE. This upholds the renewable energy approval issued to the Goshen Wind Energy Centre, up to 63 wind turbines, with a generation capacity of 102 megawatts, located in Bluewater and …
View the post titled Another anti-wind appeal dismissed by TribunalExperts permitted to testify via telephone… sometimes
The Environmental Review Tribunal has granted a request to have expert witnesses testify via telephone conference call when the appellants argued that it would be too costly to have them attend in person, and that videoconferencing was also costly, as well as prone to technological failure. …
View the post titled Experts permitted to testify via telephone… sometimesEnvironmental Review Tribunal appeal notices must be complete
The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal: Ball v. Director. Several appeals were also dismissed in Monture v. Ontario, Ministry of the Environment, because the notices of appeal w…
View the post titled Environmental Review Tribunal appeal notices must be completeMOE wins: Kawartha Lakes must pay
innocent victims of contamination now have no defence against a Ministry cleanup order. They will be forced into the civil courts if they hope for any remedy
View the post titled MOE wins: Kawartha Lakes must payFinancial Assurance after business closes
An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financ…
View the post titled Financial Assurance after business closesReceive Blog Posts
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