Category Archives: ERT Appeal

Pierced

Ostrander Point Tribunal drags scrutiny of wind and solar projects out into the open

Ostrander-Tree

Only when time has passed and the memories of the years long struggle begin to fade, will we know that industrial wind turbines have been banished from Ostrander Point for good. But for now, the creatures who occupy or pass through this bit of land on Prince Edward County’s south shore may do so without the threat of bulldozers rolling across the terrain or 50-story machines whirring overhead. Maybe forever.

The Ostrander Point wind project has been stopped. Its appeal period has expired. There remain scenarios in which the project could be revived, but that likelihood is now remote, according to the lawyer acting for the Prince Edward County Field Naturalists (PECFN).

“There is rarely a final chapter written in these types of sagas,” said Eric Gillespie. “It is fair to say, however, that the odds of this going further are extremely low. To the best of our understanding, the Gilead Power permit is revoked. That decision is not being appealed. The file has concluded.”

The volunteers who form PECFN allowed themselves to exhale on Thursday evening—after the developer’s appeal period had expired.

“It is particularly wonderful to finally realize that the battle is over,” said Cheryl Anderson of PECFN.

WHAT IT MEANS
The decision by the Environmental Review Tribunal—written by Heather Gibbs and Robert Wright—fundamentally alters the future for Ostrander Point, and has the potential to disrupt other projects involving land where Blanding’s turtles are known to nest, including White Pines and Amherst Island. But it has the potential to reach much further. Indeed, it has the potential to shake the very foundations of the Green Energy Act (GEA).

In 2009, the provincial government, led by Dalton McGuinty, was unsatisfied with the pace of wind and solar energy development in the province. Deadline after deadline had passed and his targets for renewable energy had gone unmet. A panel of experts had reported a year earlier that the regulatory process— the safeguards that protect human health, the environment and even the electrical grid itself—were causing the delays to wind and solar development across the province.

The GEA set out to remove these hurdles—eliminating safeguards in the Ministry of the Environment, Ministry of Natural Resources and Forestry, Ministry of Energy and the Ontario Energy Board, among others.

Since the GEA was enacted, industrial wind and solar projects have been reviewed and approved behind closed doors in a mostly tightly controlled process. The only nod to public transparency and accountability was a single Environmental Review Tribunal…..

Published Wellington Times July 15, 2016

READ MORE: http://wellingtontimes.ca/developmentApril16/pierced/

Remedy the Remedy

Manvers Wind Concerns is calling all Wind Warriors to support Pontypool Settler’s Landing ERT Hearing.  Theatre of the absurd now playing out.

Can we spell UNCTUOUS ?……….

Simple Definition of unctuous

—used to describe someone who speaks and behaves in a way that is meant to seem friendly and polite but that is unpleasant because it is obviously not sincere.

OK…..regarding the never ending kosmic, remedy the remedy, remove the renewal ,ERT in Pontypool……..Stu Williams and Dave Bridges just wanted to to thank everyone for showing up today

It really does help them to carry on and finish the job….just the simple task of taking a seat as a gesture of support.pontypool

APRIL 26th STARTING at 10:00 a.m., Pontypool Community Centre we have a chance to rebut the remedy the remedy stuff trotted out by the paid consultants today.

So please come out and watch your tax dollars at work with the thrilling team of das Director for the Ministry of And and And……plus the illustrious legal hacks from Capstone.

Even taking a seat is a great gesture of support.  manver protest

The rest of the tentative schedule below :

Tuesday, April 26, 2016 at 10:00 a.m

Wednesday, April 27, 2016 at 10:30 a.m

Thursday, April 28, 2016 at 9:00 a.m.

Pontypool Community Centre.  254 John St, Pontypool, Ontario.

Paul Reid 

for MWC.     ManversWind Concern

Can’t go?   Send money.

Loretta Sheild’s Testimony at the NRWC Environmental Appeal – Wainfleet

MAWT Inc. would like to thank Loretta for all the hard work she has put into this fight.  She truly is an advocate and a voice for the natural beauty, ecosystems and wildlife of West Lincoln and area that is being threatened by the NRWC Project.  She has most definitely done her homework and if there was anyone in that room today that was an “expert” on the topic it was her, regardless of what the proponents lawyers say.  🙂  

Hi everyone,

I testified at the ERT today in Wainfleet.  My presentation is attached if you are interested in the details.  There are 4 sub issues.  These include concerns for migratory butterfly stopover areas, encroachment on provincially significant wetlands, inadequate mitigation measures for woodlands and red mulberry.  There are so many other issues. For example, there is no evidence to show that winter raptor transects were conducted within the interior of the woodlands.  62 permits are required by the Niagara Peninsula Conservation Authority.  These are still pending.   There are 20 industrial wind turbines proposed in Blanding’s turtle habitat in Lowbanks, all on private property.  There are many properties within this habitat where ‘alternative investigations – ie roadside surveys” were allowed.  The MNR is allowing this to proceed. If anyone would like more information, please feel free to contact me.

I want to thank you all for helping me learn about the many birds and raptors during the past few years.  If there is a silver lining here, it is the wonderful people I have met, and the greater appreciation I have for the beautiful world we live in.
Have a wonderful week everyone!
Loretta Shield’s

St. Anns – 24 turbines less than 5 km surrounding Atkins Pony Rides

468563_356701661043095_1185570960_oBelow is the submission made by Sue and Leon Atkins, which received applause by the more than 100 local residents who attended the Preliminary Hearing of the ERT appeal for the NRWC project in West Lincoln which was held in Wellandport Dec 19/2014.

The Atkins who own and run Atkins pony rides were granted presenter status.

Sue Atkins Quoted a notice she look a picture of while attending one of the NRWC community information presentations held in our area a while back.

“NRWC QUOTE:  If there are MORE than 5 turbines within 3 km of a noise receptor or if any turbines have a sound power level greater than 102 decibels,greater set back distances must be met and or noise studies must be completed.”

Then she asked. “Has anyone completed these noise studies? Has anyone meet these set back distances?”  Her response was “NO!”   There could also be heard murmurs of “NO” through out the audience in response to her questions as well.

As she points out below, 7 turbines are within 2 km of their farm.  10 are within 3 km and 24 within 5 km.   Sue Atkins is well within her right to question how this is possible in light of the NRWC PUBLIC notice reassuring residents that what is about to happen to them wouldn’t happen to anyone.   

Thank you to the Atkins for standing up and fighting !!  If you want to help the Atkins then helpMothers Against Wind Turbines Inc.. and donate to their Legal fund so we can keep this fight going for as long as we can!!  These are real members of our community, your community, coming forward and fighting!  Fighting not only for their livelihoods, their health, their home but fighting for everyone who potentially will be negatively affected by the NRWC project.

Human and animal alike…continue

to read Sue Atkins submission. 

Continue reading St. Anns – 24 turbines less than 5 km surrounding Atkins Pony Rides

Wind turbine fears discussed at preliminary hearing

DONATE TO THE LEGAL FUND TODAY!!!  These are Real members of our Community.

Sue Atkins says she has acoustic neuroma — a benign brain tumor that develops on the main nerve leading from the inner ear.

 

Members of Mothers Against Wind Turbines, from left, Catherine Mitchell, Marianne Kidd, and Linda Rogers, discuss their appeal of a planned wind turbine project in West Niagara. ALLAN BENNER Tribune Staff
Members of Mothers Against Wind Turbines, from left, Catherine Mitchell, Marianne Kidd, and Linda Rogers, discuss their appeal of a planned wind turbine project in West Niagara. ALLAN BENNER Tribune Staff

 

 

Although it’s non-cancerous, she says it is continuing to grow and has resulted in hearing loss and the possible need for surgery. It has also made her particularly sensitive to infrasound, like the sound created by the huge spinning blades of industrial wind turbines.

But the rural St. Anns farm she shares with her husband Leon and their 29 ponies and horses will be within five kilometers of 24 huge industrial wind turbines if a provincially approved Green Energy Act development by Niagara Region Wind Corp. is allowed to proceed.

“We are really concerned at the fact that our small parcel of property is going to be surrounded by these wind turbines,” she says.

Continue reading Wind turbine fears discussed at preliminary hearing

Environmental tribunal a step to real law

Please consider donating to the MAWT Inc. legal Fund – we can only fight as far as the money allows us!  

It’s a battle they probably won’t win.

But it could be a necessary step towards winning the war.

download (1)There were more than 150 people at the Wellandport Community Centre Friday, and that was just for a preliminary hearing to determine who would speak and about what during an Environmental Review Tribunal looking into concerns about a large wind turbine development, scheduled to start a month from now on Jan. 19.

Although Mothers Against Wind Turbines Inc. president Marianne Kidd fears the tribunal hearings to come may prove to be a “kangaroo court,” she said“there’s nowhere else to go.” Continue reading Environmental tribunal a step to real law

Update – MAWT Inc. ERT appeal

Hi all,

Mothers Against Wind Turbines Inc has met the first filing deadline in the appeal against the Niagara Regional Wind Corporation’s  project approval.  Witness statements of both expert witnesses and of various group members have been filed.

There is still time to request presenter status if you are interested.  The  deadline if you wish to be a presenter at the Tribunal, is Monday December 15th before 4pm.  For instructions and/or  to register,  you must contact the Tribunal via the case coordinator, Eva  Pietrzyk: eva.pietrzyk@ontario.ca 

1-866-448-2248.

Legal counsel will only be available to MAWT on a part -time basis due to a funding shortage. Please show your support by donating today if you have not already done so.
Financial suppot

We also ask that you share this message with others in the community.  Please note key dates and plan to attend if possible.

Preliminary Hearing:

A Preliminary Hearing will be conducted by the Hearing Panel on:

Date: Friday, December 19, 2014

Time: 10:00 a.m.

Location: Wellandport Community Centre,

5042 Canborough Road (RR#63)

Hearing:

Date:  Monday,  January 19, 2015

Time:  10:00 am,

Location:  Wellandport Community Centre

Wellandport Community Centre:

http://www.mapquest.com/maps?name=Wellandport+Community+Centre&address=5042+Canborough+Rd&city=Wellandport&state=ON&zipcode=L0R&country=CA&redirect=true

Mothers Against Wind Turbines Inc.

mothersagainstwindturbines@gmail.com

website: https://mothersagainstturbines.com/

PECFN will be defending the ERT ruling that denied the MOE approval

Court of Appeal Schedule

downloadOn December 8 and 9 PECFN will be defending the ERT ruling that denied the MOE approval of development at Ostrander Point.  The case will be heard in the Appeal Court of Ontario, Osgoode Hall Rm 2 starting at 1030.  Osgoode Hall is adjacent to the Toronto City Hall on Queen St. in Toronto at the corner of University Ave.  We expect PECFN to be well represented on the spectators’ benches – hopefully with Turtle shirts in evidence.  The PECFN case and intervenors (Nature Canada and South Shore Conservancy) will be heard first.  Gilead and the MOE with intervenor Canadian Wind Energy Association will be heard on Tuesday with a reply allowed for PECFN afterwards.

Cheryl Anderson

www.saveostranderpoint.org

Health Canada study: Ontario wind turbine rules not protecting citizens

December 3, 2014

NEWS RELEASE

Health Canada study: Ontario wind turbine rules not protecting citizens

The results of a Health Canada study released November 6 show that Ontario is not protecting the health of residents living near wind turbines, and that longer setbacks between the wind turbines and homes are required.

Health Canada’s summary of its Wind Turbine Noise and Health study results included the fact that responses to the study’s questionnaire show participants reporting experiencing distress or annoyance when wind turbine noise was at 35 decibels/dBA.   Current Ontario regulations are based on the World Health Organization Night Noise limit of 40 dBA but that limit was designed solely for traffic and airport noise.  Continue reading Health Canada study: Ontario wind turbine rules not protecting citizens