Library filed under Legal from Ontario

Wind farm killed by new government following legal battle

“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.” 
13 Aug 2018

ERT rules no cost relief to challenge Clearview wind turbine decision

“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.”
27 Feb 2018

Citizen groups say several large wind developments allowed to use older standards

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.
26 Jan 2018

Six years in, time to turf $500M lawsuit over cancelled wind farm, province's lawyers say

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.
18 Oct 2017

Clearview Wind turbines licence 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.
17 Aug 2017

ERT Wiggins v. Ontario: Decision revoking wind turbine permit

Ert_16-036_wiggins_v_ontario_-_decision-2017-08-16_thumb 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.
16 Aug 2017

Endangered turtles wind protection from wind farm in Ontario Canada

“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.”
28 Apr 2017

Collingwood council to appeal wind farm decision

Council will appeal the development of wpd Fairview Wind Farm, a controversial wind turbine project the town says is too close to its airport. The fight against the development of the wpd Fairview Wind Farm is going into extra rounds after Collingwood council voted to initiate an appeal against a ministry decision to green light the controversial project.
19 Feb 2016

Wind energy legal battle begins

"The Association to Protect Amherst Island remains adamantly opposed to the construction of turbines on Amherst Island and has appealed the MOECC decision to grant Renewable Energy Approval to Windlectric Inc. and plans to make application for judicial review of the application," APAI president Peter Large wrote in a letter to Loyalist Township. "The association also continues to explore all legal and political opportunities to stop the industrialization of Amherst Island."
23 Oct 2015

For Pickens, Wind Claim May Be Last Power Play

Mr. Pickens and Mesa Power contend that the Florida company, NextEra, was granted exclusive access through private meetings with important government officials that ultimately tilted the bidding in its favor. The province of Ontario granted NextEra $3.8 billion in energy contracts. Mesa Power contends that $18,600 in donations that NextEra made to the ruling Liberal Party in Ontario before elections in 2011 had undue influence on the auction.
16 Oct 2015

http://www.windaction.org/posts?location=Ontario&topic=Legal
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