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Published on: 17 Jul 2013 By (Dianne Saxe)

Municipality can’t bring Charter challenge to wind approval rules

The Environmental Review Tribunal has quashed an attempt by a municipality to bring a Charter challenge to Ontario’s wind energy approval rules. Undoubtedly, however, the same Charter challenge will be brought soon by one or more individuals. In Municipality of North Middlesex v. Direc…

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Published on: 9 Jul 2013 By (Dianne Saxe)

No Ostrander wind farm because access road bad for turtles

Bravo to the Environmental Review Tribunal for standing up for endangered species.  On July 3, after a 40-day hearing, the ERT revoked Gilead Power’s renewable energy approval (REA) to develop a wind farm on 324 hectares of Crown land in Prince Edward County’s Ostrander Point. But not becaus…

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Published on: 14 Jan 2013 By (Dianne Saxe)

A new twist on anti-wind litigation: the Charter

Because of the social, environmental, and political importance of reducing carbon emissions and switching to renewable sources of energy, the Environmental Protection Act requires wind opponents to show that a renewable energy project will cause serious harm to human health, or serious and i…

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Published on: 13 Nov 2012 By (Dianne Saxe)

Renewable Energy Approvals regulations amended again

The Ontario Ministry of the Environment has made more amendments to O. Reg. 359/09, the Renewable Energy Approvals Regulation. As a result of concerns raised during the last round of amendments (July 1), these amendments focus on: Re-issuance of draft site plans to reflect changes to the loc…

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Published on: 29 Aug 2012 By (Dianne Saxe)

Environmental 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…

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