Category Archives: legal challenges

Has Pension Plan bought into a huge Lawsuit?

Golden nest egg concept for retirement savings

CBC News|November 20, 2019

CPP might be ‘buying into a lawsuit’ through Pattern Energy acquisition, says lawyer

The Canada Pension Plan Investment Board (CPPIB) might be “buying into a lawsuit” by acquiring U.S.-based renewable energy company Pattern Energy, according to a lawyer representing Chatham-Kent residents whose lawsuit against the Ontario government — as well as three wind turbine companies, including Pattern Energy — was dismissed earlier this year.

Pattern Energy announced in early November that it had entered into a $6.1 billion agreement with the CPPIB that would see the federal pension plan’s investment arm acquire the renewable energy company.

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broken golden egg

 

Ireland fined over wind project mud slides

mud slideIreland fined €5m plus daily penalty of €15,000 over landslides at Galway wind farm

The fine relates to an incident which saw 50,000 fish killed in 2003.

November 12, 2019

THE EU’S COURT of Justice has fined the State €5m over its failure to comply with EU legislation that might have prevented landslides linked to the construction of a wind farm in the west of Ireland in 2003.

The penalty is set to increase further as EU’s top court set an additional daily fine of €15,000 until the Government achieves compliance with environmental legislation on assessing the impact of the wind farm Derrybrien, Co Galway.

The fine is due to the “seriousness and duration” of the failure to carry out an environmental impact assessment on the wind farm in the 11 years since a previous CJEU ruling on 3 July, 2008.

The legal action by the European Commission followed a massive landslide at Derrybrien on 16 October, 2003, when tonnes of peat were dislodged and polluted the Owendalulleegh River, resulting in the death of around 50,000 fish.

At the time Derrybrien was the country’s biggest-ever wind farm, and one of the largest in Europe, with 70 turbines. Its construction required the removal of large areas of forest and the extraction of peat up to a depth of 5.5 metres.

The European Commission said two investigations had concluded that the environmental disaster had been linked to the construction work on the wind farm.

READ ARTICLE HERE

On those grounds, the Court (Grand Chamber) hereby:

1.      Declares that, by failing to take all measures necessary to comply with the judgment of 3 July 2008, Commission v Ireland (C215/06, EU:C:2008:380), Ireland has failed to fulfil its obligations under Article 260(1) TFEU;

2.      Orders Ireland to pay the European Commission a lump sum in the amount of EUR 5 000 000;

3.      Orders Ireland to pay the Commission a periodic penalty payment of EUR 15 000 per day from the date of delivery of the present judgment until the date of compliance with the judgment of 3 July 2008, Commission v Ireland (C215/06, EU:C:2008:380);

4.      Orders Ireland to pay the costs.

READ COURT DECISION HERE

Ontario & Wind companies face legal action over contaminated wells

So it begins and to be continued.  Christine Burke started legal action challenging the Ontario Government, Ministry employees and the Wind companies. October 30, 2019 @ 10am is the next scheduled court date.

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SAVE THE DATE come out and show your support.  Car pooling is encouraged.

Next Court Date: October 30, 2019 @ 10am
(Dates and times subject to change on short notice)

Location: Blenheim court house, 21633 Communications Rd, RR#5, Blenheim

“The accusations – largely concerning the potential for contamination of private water wells by black shale and hazardous metals in the North Kent area – were submitted by Dover resident Christine Burke. The private prosecution charges – filed under section 14 of the Environmental Protection Act – name Ontario Environment minister Jeff Yurek, the Ministry of the Environment and several wind turbine companies with projects in the area.”

Wind case put over to Oct. 30|by: Trevor Terfolth|Chatham Daily News| August 14, 2019

Court adjourned until October for wind turbine, Environmental Protection Act charges|CBC News|August 14, 2019

Lawyers to review 2,000 pages of documents in CK water contamination case|

“When the pile driving and construction of the wind turbines started on our shallow aquifer our drinking water slowly turned black and is now unsafe to consume, cook with or even bathe in,” she says in court documents. “This issue continues today and we are not the only family affected by this devastation.”

Engie Canada, Pattern Energy Group and Samsung Renewable Energy are all also charged in relation to their work building the East Lake St. Clair Wind Farm and North Kent 1 Wind Farm.”

Ontario minister, wind companies charged under environmental protection act|| Published July 26, 2019- The Star

Minister Responds to Wind Turbine Charges

water dirtyMinister responds to being named in wind turbine charges

Chatham Daily News|by: Jake Romphf|August 9, 2019

Ontario’s Environment Minister Jeff Yurek has responded to being named in charges regarding the Ontario Court of Justice determining there are reasonable grounds to believe environmental offenses were committed at several wind turbine projects in Chatham-Kent.

Ontario’s environment minister, Jeff Yurek, has responded to being named in recent charges regarding environmental offences allegedly committed at several wind turbine projects in Chatham-Kent.

The private prosecution charges are under section 14 of the Environmental Protection Act and were submitted by Christine Burke, a Chatham-Kent resident, according to the court summons document. The Ontario Court of Justice determined there were reasonable grounds to believe that environmental offences had been committed.

Yurek is accused in one document of failing to take reasonable care to prevent the installation and operation of the turbines at the East Lake St. Clair Wind Farm, run by Engie Canada, and at the North Kent 1 Wind Farm, run by Pattern Energy Group and Samsung Renewable Energy, from discharging, or causing or permitting the discharge of contaminants.

The Ontario Ministry of the Environment is accused in another document.

When the charges were originally announced in late July, a spokesperson from Yurek’s office said “as the matter is before the courts, it would be inappropriate to comment.”

However, Yurek submitted a statement on the matter to Chatham Daily News this week, noting it wasn’t his government that approved the wind projects at the centre of the charges.

“While the resident chose to name me in the charges as the current minister responsible on this file, it is my hope that the future media coverage will accurately reflect that these decision (were) made under the previous Liberal government,” Yurek said.

Yurek said the previous Liberal government “forced wind projects into the backyards of unwilling communities in municipalities across Ontario.”

The Municipality of Chatham-Kent, which is not named in the action, holds a 15 per cent equity interest in North Kent Wind through its affiliate, Entegrus Renewable Energy Inc.

“The municipality offered to pay for testing, water testing, for residents. … (We’ve) tried to engage the Ministry of the Environment, who have jurisdiction over the wind turbines and environmental matters,” John Norton, the municipality’s general manage of community development and chief legal officer, previously told the Chatham Daily News.

Yurek said he’s “taking the public’s concerns about the wind projects very seriously and will continue to stand with the families living in Chatham-Kent.”

In July, the province announced an independent panel will conduct a health-hazard review of the area’s private water wells after residents voiced concerns over sediment in their water. That review will focus on the water’s quality and not the source of the sediment.

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Please Support Christine~ Court Challenge to Protect Ontario

water black shale

“When the pile driving and construction of the wind turbines started on our shallow aquifer our drinking water slowly turned black and is now unsafe to consume, cook with or even bathe in,” she says in court documents. “This issue continues today and we are not the only family affected by this devastation.”

SUPPORT Christine Burke in her legal challenge to protect Ontario and our well water

“Burke alleges that the minister, government officials, and the companies violated the law for failing to take “reasonable care” to prevent the contamination (of home’s well water) as the wind farms were installed.”

Many Ontario people want their well water protected from the impacts of industrial wind turbines.  It is well known that the present MECP guidelines are grossly inadequate and do NOT require sediment or micro particle size and composition testing.

Christine Burke has taken a necessary step to challenge the Ontario Government, Ministry employees and the Wind companies.

We encourage ALL Ontario residents to come and support Christine,

Wednesday August 14, 2019 at  9:00am for an outside presence, with court starting @ 10:00am.

Address: Blenheim court house, 21633 Communications Rd, RR#5, Blenheim,
519 352-8484

We must be conscious that the time and date could change and we will do our best to keep you notified.

Come and show your support for this very brave, courageous woman.
Carpooling is encouraged

Ontario being charged under Environmental Protection Act

Province, wind turbine companies charged under Environmental Protection Act

There are reasonable and probable grounds to believe environmental offences have been committed

CBC News | Province, wind turbine companies charged under Environmental Protection Act

The Ontario Court of Justice has determined there are “reasonable and probable grounds” to believe environmental offences have been committed by Ontario’s Minister of the Environment, ministry staff and three industrial wind companies in Chatham-Kent.

According to court documents, the charges come from the Environmental Protection Act.

Eric Gillespie, a Toronto-based lawyer, represents complainants who have been experiencing problems with their water wells.

“When somebody believes there has been an offence committed, they can go directly to the courts,” said Gillespie. “One local resident went last week before a justice of the peace, who heard information and formed the opinion that there were grounds to believe offences had been committed.”

One witness called to court is Christine Burke, who spoke to CBC in February 2018 about the problems with her water well.

Burke was not permitted to speak to CBC now that she’s named as a witness in the court proceedings.

As a result, the summons to appear in court were issued to the Ministry of Environment, the minister of the environment and the three companies.

According to court documents and Gillespie, the charges are for ongoing actions since 2017.

In one, Jeff Yurek, minister of the environment, is named as failing to “take all reasonable care to prevent the installation and operation of the wind turbines at East Lake St. Clair Wind Farm, run by Engie Canada and at the North Kent 1 Wind Farm run by Pattern Energy Group and Samsung Renewable Energy from discharging or causing or permitting the discharge of contaminants.”

Those contaminants include black shale and potentially hazardous metals….

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no_wind_400x400

Charter Challenge Against Green Energy Act

The Green Energy Act is far from being repealed in Ontario.  The Charter Challenge led by CCSAGE continues on with the recent filing of a Notice of Application to proceed filed in the Ontario Superior Court of Justice.

Read Notice of Application here:

Source:
Notice of Application required to continue the Charter Challenge to the Green Energy Act by Alan Whiteley

no_wind_400x400

NextEra Facing Potential Class Action

nextera xNextEra Energy is on the receiving end of a proposed class action lawsuit in which a Nebraska homeowner alleges the electricity provider’s wind turbines placed near residential communities are a “nuisance” and effectively deprive homeowners of the use and enjoyment of their property.

READ MORE AT: ClassAction.org

Kohmetscher_v_Nextera_2019-03-01

Nation Rise Wind Project will create Noise & Health Problems

 

Nation Rise project will create noise, health problems: WCO president to Tribunal

(C) ONTARIO FARMER

July 31, 2018

Report by Tom van Dusen

Finch, Ontario — Sitting demurely and speaking quietly, on July 24 the volunteer president of Wind Concerns Ontario blasted the provincial government approach to monitoring industrial wind turbines, accusing it of ignoring complaints about noise, health and other issues, or deferring them with no subsequent action.

Jane Wilson made  her comments while presenting as a witness during an Environmental Review Tribunal hearing into the Nation Rise wind power project planned for Stormont County. The hearing is scheduled to continue through August 2.

Currently engaged in the approval process, the project is sponsored by EDP Renewables Canada and calls for installation of some 33 turbines in North Stormont farm country delivering a total of 100 megawatts of power that, opponents observe, the province doesn’t need.

Headed by local resident Margaret Benke, opponents were hopeful the new Doug Ford government would cancel Nation Rise just as it did the White Pines wind project in Prince Edward County. But that didn’t happen and opponents’ legal fees and other expenses are up to $20,000. Benke noted that, with Ford in place, Nation Rise isn’t likely to proceed and yet opposing residents are still on the hook for costs.

Government not enforcing the law

A registered nurse, Wilson said Wind Concerns represents a coalition of more than 30 community groups across Ontario.

She emphasized that the Ministry of the Environment and Climate Change–renamed Environment, Conservation and Parks — has pledged to protect the environment and human health from any turbine side effects.

She cited former Environment Minister Glen Murray congratulating his officials for responding quickly to complaints and enforcing the law. However, Wilson’s review of incident reports obtained through Access to Information indicated the ministry doesn’t respond to all complaints and “does not, therefore, enforce the law.”

No answer to that

Total number of incident reports filed with the ministry between 2006 and 2016 was 4,574, Wilson told Maureen Cartier-Whitney, chair of the one-person panel. Records showed that in more than 50 per cent of formal complaints, there was no ministry response. Another 30 per cent were deferred. “In fact, only one percent received priority response.”

While he asked for some clarification, Paul McCulloch of the ministry’s Legal Services Branch, didn’t dispute Wilson’s basic facts. Representing EDP, lawyer . Grant Worden also offered no challenges to Wilson.

The repetitive nature of various complaints suggests, Wilson continue, that wind power developers are failing to live up to the terms of their approvals by allowing conditions triggering adverse effects including on health, to continue.

“Documented health effects include headache, sleep deprivation, annoyance, and ringing or pressure sensation in the head and ears. Most disturbing was the fact that these health effects were reported many times, and also among children.”

Wilson indicated that 39 per cent of 2006-2016 incident reports referred explicitly to sleep disturbance which is generally blamed for a myriad of diseases and disorders.

“Given the thousands of unresolved noise complaints in Ontario, and given Health Canada results of adverse health effects at distances of 550 metres to 1 km, it is reasonable to question whether the Nation Rise power project will not also engender community reports of excessive noise and adverse effects.”

contact@windconcernsontario.ca

To help support the appeal, which is bringing forward issues never presented to the ERT before, please send a cheque to Concerned Citizens of North Stormont, c/o Wind Concerns Ontario, PO Box 509, 250 Wellington main Street, Wellington ON  K0K 3L0

Nation Rise project: significant concerns over health, environmental damage

Article Credit:  Wind Concerns Ontario

About: Nation Rise Wind

Turbine Project Terminated

turbine WPD.jpg
Residents may see be seeing turbine sections leaving the County aftetr Bill 2, Urgent Priorities Act received Royal Assent in the Ontario Legislature Wednesday. –  Irv Collier photo

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.”

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