Category Archives: ERT Appeal
Nation Rise Opposition Not Blown away
Nation Rise Wind Farm opponents aren’t blowing away
Francis Racine
Published on: July 3, 2020 | Last Updated: July 3, 2020
NORTH STORMONT — A group of North Stormont residents said they will continue opposing EDP Renewables’ Nation Wind Rise Farm, which they deem harmful to their community.
The project will see the completion of 29 wind turbines in the northern section of the township. Its timeline has been marred with controversy, opponents to the project slowed down its approval as much as they could, then appealed it to the Environmental Review Tribunal, then asked Ontario Minister of Environment, Conservation and Parks Jeff Yurek to kill the approval when they lost their appeal.
Construction came to a grinding halt in December, Yurek’s decision to revoke its Renewable Energy Approval (REA), citing concerns for the safety of local bat populations. EDP Renewables appealed the minister’s decision in April to the Ontario Superior Court of Justice, who reinstated the project’s approval in its decision in early May….
READ AT Standard-Freeholder
Wind Pines Ordered Closed
New regulation under the Environmental Protection Act to close the White Pines Wind Project
This consultation was open from:
October 17, 2018
to December 1, 2018
Decision summary
We decided to make a new regulation to require that the closure of the White Pines Wind Facility is carried out in a way that is protective of human health and the environment.
K2 Wind Out of Compliance
K2 Wind under an issued provincial order by Ontario is to immediately comply with noise performance limits for operations of its industrial wind turbine installation.
[210] Mr. James, an expert called by the Appellants, provided a number of critiques of the noise assessment models used to predict sound levels produced by the Project. Mr.James agrees with the proposition that was put before him that the Approval Holder’s noise assessment reports comply with the MOE Noise Guidelines. He states, however, that there are serious issues with the Noise Guidelines themselves such that, by complying with the Guidelines, the actual level noise levels emanating from the Project will be underestimated.
ERT Decision 13-097/13-098, February 2014 READ HERE
Not Giving Up
“The residents and their backers at Wind Concerns Ontario – a provincial anti-wind farm group – are not ready to give up the fight. Their spokesperson Margaret Benke says they have 30 days to request a review of the decision, and they intend to do so.”
Standard-Freeholder|By: Alan S Hale|January 6, 2019
Challenge to stop wind farm in North Stormont fails
FINCH — An attempt by a group of residents from North Stormont to try to quash a wind power project from being constructed in the area ended in failure on Friday, after the Ontario Environmental Review Tribunal ruled they had failed to prove windmills would harm human health, local animal and plant life, or the environment.
The Concerned Citizens of North Stormont had appealed a renewable energy approval the Ministry of the Environment had granted to allow the project, Nation Rise Wind Farm GP Ltd., to proceed.
The process to arrive at a decision took many months. Weeks of hearings were held in Finch and Toronto, where the participants brought in dozens of experts to argue both sides about the potential impacts of the wind farm on people and the environment while being cross-examined by lawyers.
Fairness for the people
OP ED: Who deserves fairness and equity?
By Gary Mooney|The Times|July 25, 2018
Since 2007, County groups and individuals have been fighting wind turbine projects in PEC on environmental, human health, cultural heritage and economic grounds. We are grateful that the PC government has taken decisive action to cancel wpd Canada’s White Pines wind project.
In a recent open letter to Premier Ford, Dr. Hartmut Brosamle, CEO of wpd AG, asks for reconsideration of the government’s decision to cancel White Pines, because the cancellation is causing the company “serious damage through no fault of its own”. Some comments are appropriate regarding fault.
wpd Canada and, by extension, its German parent wpd AG, have exhibited major failings or faults with regard to their pursuit of the White Pines wind project:
WRONG LOCATION
wpd originally chose a location that is the last stretch of undeveloped land on Lake Ontario, on a major bird migration route, much of it within an Important Bird Area. This area is home to multiple endangered species, including Blanding’s turtle and little brown bat. As well, the South Shore is an area of significant cultural heritage value, dating back to UEL days.
SECRET DEALS
wpd instructed its sales agents to sign up landowners to host wind turbines secretly, with no notice to the community, and required those landowners to agree to nondisclosure of contract terms.
BIASED CONSULTANTS
wpd hired consultants who provided it with incomplete and flawed reports to legitimize the project, especially with regard to environmental issues and cultural heritage concerns. Citizens’ groups and individuals had to hire their own lawyers and consultants and launch appeals costing about $700,000 to present the other side.
PLEBISCITE
wpd ignored the results of a 2012 plebiscite in South Marysburgh Ward, where the project is located. Ninety per cent of those who voted (turnout similar to that for municipal elections) rejected wind turbines in their ward.
NO ENGAGEMENT
wpd never engaged in a real two-way dialogue with the community; instead it proceeded most of the time as if the County was unpopulated.
COUNTY COUNCIL
wpd ignored the position of PEC Council, which declared itself in 2013 to be an unwilling host to wind turbines.
BREACH OF CONTRACT
wpd failed to deliver 75 per cent of the contracted capacity required by its FIT contract, and failed to meet contract deadlines.
UNDERESTIMATION
wpd underestimated the resolve of local groups to protect County residents, the natural environment and cultural heritage, and the many County residents who funded their efforts.
PROVINCIAL ELECTION
wpd ignored the fact of a coming provincial election and an anticipated change of government to one opposing the Green Energy Act and wind turbine projects.
RECKLESS DECISION
wpd made a reckless decision to proceed with construction of the downsized project without final approval by IESO. Wpd is the author of its own misfortune.
Via the Green Energy Act, the Liberal government suspended democracy as regards renewable energy development and, for nine years, completely ignored the wishes of citizens and municipalities. The PC government was elected in part because of its willingness to listen to the people.
Despite all of the failings listed above, Dr. Brosalme asks for “fairness and equity” for wpd. How many such failings are necessary to disqualify wpd from reconsideration of the government’s decision: only one? maybe three? even all ten?
We in the County have been seeking fairness and equity regarding wind turbine projects for more than a decade, involving many thousands of hours of volunteer time. It’s the government’s choice, and we are grateful that it has made a choice “for the people”.
Finally, it is important to acknowledge the strong support that Todd Smith has provided to our community and our cause since he became MPP in 2011. It’s been good to know that he’s had our back at Queen’s Park.
Turbine Project Terminated
Country Live|Turbine project terminated in Prince Edward County|July 25,2018
With Royal Assent received Wednesday for Bill 2, Urgent Priorities Act 2018, wpd’s nine industrial wind turbine project in Prince Edward County is terminated.
“If members opposite wonder why I don’t fear contractual chill, it’s because the proponent in this case has never honoured its agreements with the government of Ontario,” said Todd Smith, Bay of Quinte MPP and Minister of Government Affairs, in the legislature. “This project deserves to die. It deserves to die exactly as it should die today – publicly and in front of the whole province.”
Smith told thte legislature the company has been building non-stop since the middle of June, even after the government announced its intentions to legislatively terminate the project on July 10.
“They’ve had construction crews working over the weekend and trucks heading into the county at all hours to try and complete construction before this Legislature can conclude its work on Bill 2…. And they are nine white elephants. They will do nothing to help this province fight climate change—absolutely nothing. Their total capacity now, after previously being 60 megawatts, is down to about 18 megawatts of power.”
He also noted recent ministry charges over violations. “Finally, it was just a couple of weeks ago that the major multinational corporation developing the project was charged not once, not twice, but three times by the province’s Ministry of Environment for multiple violations. That’s because, under the renewable energy approval, to protect endangered species in the area, they’re not supposed to be constructing after May 1.”
The act, retroactive to July 10, terminates permits and revokes approvals, including the Feed-in-Tarriff contract and Renewable Energy Approval issued in July 2015. It requires decommissioning and to “maintain the lands in a clean and safe condition”.
Smith said it’s been seven long years, but he’s glad to be able to have accomplished this feat.
“It certainly seemed like the deck was stacked against us at times,” he said. “Apparently, construction has now stopped. The legislation requires the company to dismantle and return the property to its original state.”
Fight to Save Endangered Turtles from Wind Turbines
Residents fight to protect endangered Blanding’s turtles as unwanted construction of industrial wind proceeds with the invasion of Amherst Island. Ontario meanwhile fails to enforce its own rules and ruling of the Environmental Review Tribunal.
[325] Additionally, the Tribunal finds that the mitigation measures incorporated as conditions of the REA have all but eliminated the potential for turtle mortality and have minimized the potential for indirect impacts to habitat during the construction phase. The construction window of November 1 to March 31 for those portions of the Project closest to the coastal wetlands, and the window of September 1 to March 31 for the remainder of the Project, will ensure that construction takes place outside the period during which turtles are active outside of their resident wetlands.
Extraction from ERT Ruling:15-068 HIRSCH V. ONTARIO (MOECC)
Global News April 25, 2018:
https://globalnews.ca/video/embed/4168160/
Blanding’s Turtle Walk-A-Thon
May 1, 2018 @ 10 am
Meet at Royal Road & Lighthall Road, South Marysburgh.
Political manipulated law is a slippery slope
Published: March 29, 2018|The Creemore Echo|Letters & Opinion By Trina Berlo
Editor:
It pains me to find that my faith in Ontario’s judicial system has turned into cynicism.
In the matter of appealing the Ministry of the Environment and Climate Change approval for WPD Corporation to erect eight 475-ft high wind turbines bordering County Rd. 91, west of the 4th line, (Fairview Wind Farm) a long, thorough and expensive Environmental Review Tribunal (ERT) Hearing was held in the summer of 2016
Two issues were addressed:
• Endangerment to human health, citing their proximity to the Collingwood Regional Airport and Kevin Elwood’s aerodrome.
• Irreparable harm to an endangered species, citing the impact on the habitat of little brown myotis bats.
The ERT found in favour of the appellants on both issues! That should have been the end of it, with the MOE approval revoked.
Notwithstanding WPD having every opportunity to present remedial arguments during the hearing, the MOE, being unhappy with the results of the hearing, provided WPD an additional month to provide a remedial argument. WPD failed to do so. The MOE then allowed WPD another week, with WPD failing again.
However, WPD did concede the ‘Danger to human health’ issue. Again, that should have been the end of it, with the MOE approval revoked.
In complete disregard of the Tribunal’s ruling and WPD’s conceding the health issue, the MOE invoked the necessity of a remedial hearing. In other words, give us the ruling we want. Since the MOE appoints the ERT and pays their salaries (a conflict of interest) they applied unusual pressure on the Tribunal.
In spite of MOE’s meddling, the ERT rose to the occasion and again found in favour of the appellants. The MOE’s approval was revoked. There will be no Fairview Wind Farm… YEA!
If this is a sample of what we can expect of government manipulating the wheels of justice to further their agendas, we can only become more cynical.
It’s a slippery slope!
John Wiggins,
Collingwood.
Mothers Against Wind Turbines Inc. 