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 in the Oak Ridges Moraine: Part II
Recently, the Environmental Review Tribunal (the “Tribunal”) allowed in part the appeal of a Renewable Energy Approval (“REA”) approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the “Project”). The Tribunal concluded that, with…
View the post titled Further wind litigation in the Oak Ridges Moraine: Part IIFurther 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 approvalsWind turbines and radiation emitting devices act
Does operating a wind turbine contravene the federal Radiation Emitting Devices Act? I don’t think so. Here are four (alternative) reasons: First, in my view, a wind turbine is not a “device” within the meaning of this Act. In legal terms, physical things are divided into what we…
View the post titled Wind turbines and radiation emitting devices actWhy special rules for endangered species on roads to turbines?
Why should endangered species protection in Ontario be different for roads to wind turbines, as opposed to roads leading anywhere else? Ontario has an elaborate system that allegedly protects endangered species. Under the Endangered Species Act (ESA), endangered, threatened or extirpated spe…
View the post titled Why special rules for endangered species on roads to turbines?Wind 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 TribunalWind opponents lose health challenges around the world
A recent report by the Energy and Policy Institute documents the rejection of anti-wind health claims by 48 courts and tribunals in Canada, Australia, New Zealand, the United Kingdom, and the US. In one anomalous US case, two turbines which had had a known problem were ordered to be shut d…
View the post titled Wind opponents lose health challenges around the worldAnother anti-wind power appeal dismissed
Ontario’s Environmental Review Tribunal (ERT) has dismissed another anti-wind power appeal: May 14, 2014, Pitt v. MOE ERT Registry Number: 13-121. The Wainfleet Wind Energy Project can now proceed, despite objections from a skydiving club. The ERT ruled that the club had not shown that…
View the post titled Another anti-wind power appeal dismissedReceive Blog Posts
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