Report on Environmental Review Tribunal Hearing on White Pines Wind Project‏‎

November 30

by

Henri Garand, APPEC
 
On Day Fourteen the Environmental Review Tribunal (ERT) of the White Pines wind project heard the testimony of Kathleen Pitt and Dr. Brock Fenton.

Ms. Pitt, summoned by APPEC and qualified by the Tribunal as “a biologist,” has a B.A. in Environmental and Resource Studies and is a manager with the Ministry of Natural Resources and Forests (MNRF).  She was responsible chiefly for assessing the Species-at-Risk report for White Pines, recommending Endangered Species Act (ESA) permits for the bobolink, eastern meadowlark, and whip-poor-will, and deciding not to recommend a permit for the Blanding’s turtle.  She explained that ESA, or “overall benefit,” permits are issued when it is possible to compensate for harm through other activities like research or habitat restoration.  Permits are not issued when avoidance and mitigation measures are considered sufficient. Continue reading Report on Environmental Review Tribunal Hearing on White Pines Wind Project‏‎ November 30 →

FOR IMMEDIATE RELEASE

JUDICIAL REVIEW OF WIND PROJECT APPROVAL PROCESS

PICTON, ONTARIO.  NOVEMBER 30, 2015.   At the Ottawa Divisional Court, CCSAGE Naturally Green (CCSAGE NG) has filed notice for a Judicial Review of the process by which on July 16^ththe Ontario Ministry of Environment and Climate Change issued a Renewable Energy Approval for the White Pines wind energy project of 27, perhaps 29, turbines in Prince Edward County.  As part of this REA approval process, on September 11^th, 2015, the Minister of Natural Resources and Forests issued a permit for the project to kill, harm and harass endangered or threatened species at risk.  Citing institutional bias, lack of science-based studies, disallowance of municipal input, and denial of natural justice, CCSAGE NG has prepared affidavit evidence exceeding 1500 pages claiming that the Ontario government’s approval process has violated several constitutional rights of rural citizens and communities as well as international treaties and agreements.

CCSAGE NG is a federally incorporated not-for-profit corporation..  It works with citizens and other groups to ensure that “Green Energy” initiatives of governments and industry are safe and appropriate for the citizens, the wildlife and the natural and heritage environments of Prince Edward County.

CCSAGE NG continues to support other groups appealing two wind energy projects in the County.  However, Ontario’s Green Energy Act permits Environmental Review Tribunal (ERT) appeals only on grounds of serious harm to humans or serious and irreversible harm to animal and/or plant life and to the natural environment.  That Act does not permit ERT appeals on any other grounds such as biased approval processes, denial of natural justice, violation of constitutional rights, harm to local economies, harm to tourism, harm to heritage assets, diminution of property values, or violation of international treaties and agreements.   CCSAGE NG has therefore filed its application for a Judicial Review of this project’s approval process, in an effort to restore equity, accountability and justice.

CCSAGE NG Chair Anne Dumbrille observed that, at an ERT, it is difficult for citizens to get a fair hearing of their grievances against government-approved wind projects because the ERT process is heavily biased in favour of the wind energy developer and the government ministries that approve its projects.  “ERTs are government-appointed tribunals that follow government rules and use taxpayer-funded lawyers to permit destruction of environmentally sensitive areas and to deny natural justice to local citizens who have constitutionally assured rights and freedoms.  Our only recourse is to Canada’s courts, where rules of equitable justice prevail,” she said.

In preparing the Application, CCSAGE NG has had the benefit of considerable research contributed by five students from the Osgoode Hall Law School at York University.

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For information contact:

Anne Dumbrille (613-476-5363), email annedumbrille@fastrackconsulting.co

Garth Manning (613-399-5109), e-mail gmanning@xplornet.com

https://ccsage.wordpress.com/2015/11/30/ccsage-attacks-the-green-energy-act-head-on/

Removing some of the best agricultural lands out of production and as well the project is encroaching on Provincially significant wetlands and woodlands.   20 of the 77 turbines are located in Blanding’s turtles habitat and includes other species at risk.

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