On Behalf of SWEAR, here is an attached Letter to the Editor which was sent out to various media contacts for publication. Please feel free to bump it along to your local papers or any other contacts you may have. We recognize that it is a fairly lengthy letter but we asked for the media’s indulgence as we believe the letter in its entirety will be of interest to their readerships.

Dear Editor:

The long awaited Divisional Court Charter Challenge of three industrial wind turbine projects wrapped up on Thursday, November 20th. The Appeal went before Justices F.N. Marocco, D.M. Brown and J.R. Henderson at the Courthouse in London. Arguments were made by Julian Falconer and team, counsel for the four families (Drennan, Dixon, Ryan & Kroeplin) objecting to the proximity of industrial wind turbines to their homes in the 140 turbine K2 (Drennan) and 15 turbine St. Columban (Dixon & Ryan) wind projects currently under construction in Huron County, and the 92 turbine Armow Wind Project being constructed in Bruce County. Counsel for the Ministry of the Continue reading On Behalf of SWEAR →

A judicial fight over the future of wind turbines in Ontario wrapped up Thursday with the fate of the province’s green energy law in the hands of judges.

On one side is big money, wind energy giants like Samsung and a Liberal government intent on becoming a world leader in creating green energy.

On the other are four families in Huron and Bruce counties whose homes are close to dozens of proposed turbines.

But while it seems a David and Goliath affair, the underdogs have enlisted a legal pugilist who Thursday seemed to dance circles around the arguments of his adversaries, wrapping up a four-day hearing in London with an emotionally-loaded challenge to three Superior Court justices.

“The system has utterly broken down,” said Julian Falconer. “You have been tasked with keeping these people safe.”

Falconer was the most dynamic of lawyers representing four families in Southwestern Ontario battling the building of wind farms.

It’s not the first time lawyers have challenged the Green Energy Act in court. Three years ago, wind opponents lost in court fighting a decision by an environmental review tribunal to allow a wind farm. But the 2011 effort had a handicap this one does not — it was a judicial review, in which judges must give deference to the tribunal.

This time, Falconer wants the three-judge panel to:

• Halt, by issuing what’s called a stay, wind farms that are expected to be tested in January.

• Rule the environmental tribunal violated the constitutional rights of wind opponents when it refused to allow new evidence from a Health Canada study.

• Allow wind opponents to stop wind farms by showing they might be seriously harmed rather than proving they had been harmed.

The judges expect to issue a decision on the stay soon, and while they didn’t specify a date, it’s likely they’ll act by January.

Environmental review tribunals shield their eyes to contrary evidence, Falconer said.

“They keep the blinders on. They’re not interested in new information. They’re interested in getting the turbines up,” he said.

But lawyers for the government and wind companies disagreed, one arguing the Health Canada study only showed a link between turbines and annoyance and the early results hadn’t yet been peer-reviewed.

“It’s a work in progress,” said Darryl Cruz, who represents St. Columban Energy.

The decision by the environmental tribunal was correct and wind companies should be allowed to complete their wind farms, he said.

That’s a position one Niagara wind opponent has been fighting for about four years, moving from her Welland home to keep away from planned turbines.

“It’s just wrong,” Catherine Mitchell said.

Wind opponents say turbines cause dizziness, headaches, heart palpitations and other illness.

The government says that’s wrong and that neighbours are protected because turbines are placed at least 550 metres from homes.

Ontario has more than 6,000 wind turbines built, planned or proposed, mostly in the southwest. Turbines account for about 4% of Ontario’s power.

Jonathan Sher, The London Free Press Thursday, November 20, 2014

Families failed to prove wind turbines harmful, government lawyer argues

Families opposed to the erection of large-scale wind farms near their homes failed to prove the projects would cause any serious harm to their health, an Ontario government lawyer said Tuesday.

In his opening comments, Matthew Horner told a Divisional Court panel that a review tribunal was correct to reject objections to the turbines based on health concerns.

“There’s no indication that the tribunal made a palpable and overriding error,” Horner said late on Day 2 of the hearing.

He also said the tribunal was right to reject the residents’ “novel argument” that the approvals process violates the constitution.

Four families are asking the appellate court to throw out decisions by the Environment Review Tribunal that upheld approvals of three large-scale wind-energy projects. Continue reading “I understand it’s not much of a test if you first have to get sick in order to prove it,” Associate Chief Justice Frank Marrocco observed. →

Lawyers for four families battling wind projects in Southwestern Ontario continued their legal arguments this morning in a divisional court in London.

Lawyer Julian Falconer presented evidence from a Health Canada study into the effects of wind turbines before three Superior Court trial judges who are listening to an appeal of a decision of the Environmental Review Tribunal.

But while courts and judges and tribunal and appeals courts hear arguments, families aren’t getting any relief from their health concerns, Falconer said.

“There’s a whole process that takes a year to two years . . . health takes a back seat while the (wind) company goes and remodels. It’s business as usual while the company gets more reports,” he said.

Appeals and approvals of wind turbine projects have so far placed the onus on families to prove the turbines will have a negative effect on their health and the ERT grants turbine approvals even as it says the effects are unclear, Falconer said.

Falconer said there is new evidence that should be considered – a Health Canada study which looked at both self-reported health concerns and measurable health problems like blood pressure and stress-hormone levels in hair, in people who live close to projects in Ontario and Quebec.

“There is far more data than has been available to date,” Falconer said. “We submit that the ERT hearing wasn’t fair in the first place . . . and now we have a reason to hear it again.”

Lawyers for four families will also argue that the ERT decision had serious errors in law.

Also represented at the proceedings are the Ontario environment ministry, which is responsible for regulating Green Energy projects, including wind turbine applications, as well as three companies building or planning to build turbines projects near Goderich, Seaforth and Kincardine.

It’s unlikely the three-judge panel will get to the four defendants’ evidence today

Follow Tweets: Kate Dubinski, The London Free Press Tuesday, November 18, 2014

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