Library filed under Legal from Canada
In a ruling released Wednesday, May 13 an Ontario Superior Court panel of judges says the province’s decision to scrap the Nation Rise project did not meet the proper requirements.
The cost of tending to the already built pieces of the cancelled Nation Rise Wind Farm amounts to $100,000 a week, an Ontario Supreme Court hearing learned on Friday.
TORONTO — The Ontario NDP believes there is blood in the water after the cancellation of the Nation Rise Wind Farm, and it could become the Ford Government’s version of the gas plant scandal that scarred the former Liberal government.
After concluding its turbines would harm local bat populations, Environment Minister Jeff Yurek revoked the Nation Rise Wind Farm’s permit on Dec. 4. That was just three months before they were to begin generating electricity: 16 of the planned 29 turbines were fully or partially built.
EDP Renewables Canada Inc. is the company responsible for building the wind farms and according to a release from the company the decision comes as a surprise and the company is assessing all avenues of legal action.
Ontario's Environment Minister Jeff Yurek has responded to being named in charges regarding the Ontario Court of Justice determining there are reasonable grounds to believe environmental offenses were committed at several wind turbine projects in Chatham-Kent.
Burke’s lawyer, Eric Gillespie, says roughly 80 families have been impacted by the contamination, which he alleges occurred when deposits of black shale in the soil were disturbed during construction of the project. “When you put up very large wind turbines that are 100 metres high, they require very large foundations,” he said. “Once they started developing these projects it became clear they were interfering with the drinking water supplies for many of the residents.”
An Ontario Justice of the Peace has determined on July 12 that there are reasonable and probable grounds to lay charges under the Environmental Protection Act (EPA) against Jeff Yurek, Ontario’s minister of the environment, the Environment Ministry and the three industrial wind companies — Pattern Energy Group, Samsung Renewable Energy Inc. and Engie Canada Inc.
In a decision dated late last week, the Ontario's Environmental Review Tribunal said the group's evidence was not strong enough. "We were not surprised by the tribunal's ruling, but we were disappointed by the outcome," said Margaret Benke, who lives near the wind farm site and was involved in organizing the appeal. ...Benke said the group is considering a lawsuit, though it may be too costly.
The U.S. requested a committal for extradition from the Attorney General of Canada following the indictment and included a record of the case saying nine people would testify against him, six of whom said they dealt with Enviro-Energies. A Saskatchewan Court of Queen’s Bench judge approved the extradition order in August 2017, and the appeal was heard last May.
“It is a clear example of sovereign risk. It is certainly not unique, but it is a reminder of how the government can pass legislation that deprives a party of contractual rights or remedies,” says O’Neill. “You are not dealing with a private counter-party. You are dealing with an entity that has statute-making power.”
“As the community proved at the ERT hearing, this project should not have been approved in the first place,” he said. “It’s outrageous the government could be so negligent, making it necessary for the citizens to protect the public, then hide behind flawed legislation that robs the tribunal appointed by them in overlooking their bad decisions to award costs to the citizens who successfully proved the government compromised people’s safety.”
A Notice of Application for Judicial Review was filed by DDOWT in the Divisional Court in Toronto on Tuesday against the Ministry of the Environment and Climate Change alleging the ministry has allowed companies promoting at least five large-scale wind projects to ignore new government guidelines with respect to limiting the amount of noise any residence in the area should have to tolerate.
Ontario’s already lost a related case on very different legal grounds. Last year an international tribunal agreed the government violated the North American Free Trade Agreement with its moratorium on wind farms, which killed a project next to the one Trillium was working on run by an American-backed company. The people of Ontario are out $28 million in damages and legal costs for that.
The Environmental Review Tribunal has ruled the approval for a 500-foot-tall wind turbines in an area near the Collingwood Regional Airport should be revoked.
There may not be eight wind turbines spinning in Clearview Township after all. In a decision released Wednesday, the Environmental Review Tribunal revoked the renewable energy approval for the project, saying the danger to human life and safety was too great.
In this important decision by the Ontario Environmental Review Tribune, the Tribune officially revokes Wpd Canada's permit to install eight 137-meter (450 feet) tall wind turbines in close proximity to the Collingwood Regional Airport and a private air field owned by Kevin and Gail Elwood. In its October 2016 decision, the ERT had determined that the appellants met the test that showed there would be harm to human health. The ERT also agreed that irreversible harm to the natural environment, specifically to bats, warranted further investigation. Wpd Canada was granted an opportunity to show that mitigation could resolve the concerns. The ERT in this decision held that the risk to human health and safety was unacceptable. A portion of the decision is provided below (paragraphs 15-20) pertaining to the turbines impairing safe air travel. The full decision of the ERT can be found by clicking the links on this page.
“The Tribunal decision has made it clear that this wind power project was never about protecting the environment,” said Jane Wilson, president of Wind Concerns Ontario, the coalition of community groups concerned about wind power projects. “The wind power project was always about money. The citizens of Prince Edward County fought hard to protect the environment and wildlife against our own Ministry of the Environment.”
Ontario’s government signed an electricity deal with an American company to build a wind farm at the eastern end of Lake Ontario, froze the project, and then wanted to treat its own decision like an uncontrollable act of God to get out of the contract it signed, an international panel found in a ruling saying such behaviour is not OK.
In an 87-page decision, ERT hearing officers Dirk Vanderbent and Hugh Wilkins stated the appeal of the renewable energy application for WPD Canada’s Fairview Wind project met the test for potential harm to human health with respect to the operations at the Collingwood Regional Airport and Clearview Aerodrome.