Category Archives: legal challenges

Landmark Ruling on Wind Turbine Dispute

DSCN0397.JPGWho owns a wind turbine?

It bears repeating that if you are a land owner who has wind facility infrastructure placed on your property  to seek experienced legal advice in regards to the implications and liabilities of being involved in a wind project.  Take time to review the current title on your property and don’t be surprised to find debentures (totaling in the sum of tens of millions of dollars) and other instruments attached as is the case for many properties hosting projects located in southern Ontario.

In a recent dispute in Illinois a landmark court decision was issued involving a lien placed by a contractor seeking to recover unpaid sums for construction work  done for the Clipper Windpower project.  The owners Postensa Wind Structures USA declared bankruptcy in 2013.

“According to John Kreucher, an attorney with Howard & Howard, this is the nation’s first case that considered whether commercial-scale wind turbines should be deemed personal property or fixtures in a lien dispute. Kreucher also says the importance of the ruling goes beyond the legal filing.”

READ MORE AT: http://nawindpower.com/court-makes-landmark-ruling-on-illinois-wind-turbine-dispute

READ COURT DECISION HERE:

Drennans Continue to Pursue Wind Lawsuit

shawn-triciaTrish and Shawn Drennan are  now self- represented in the latest challenge against the K2 wind project.   The date for the motion to strike and dismiss their claims is currently set for January 19, 2017 in Goderich, Ontario.   Support the fight with seats in the seats or drop a line to the Drennans directly.  Fighting for justice for all who have been adversely harmed by wind power facilities.

Drennan’s Renew Wind Farm Lawsuit

Thursday, October 27, 2016 9:06 AM by Peter Jackson
Ashfield-Colborne-Wawanosh couple proceeds without a lawyer against wind farm.

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(Goderich) -A couple from Ashfield-Colborne-Wawanosh is making another legal attempt to recover damages from K2 Wind, for alleged harm its 140 turbine wind farm is doing to them and their neighbours.

Shawn and Tricia Drennan are representing themselves in Goderich Court.

They filed an amended statement of claim Wednesday in regard to the current operation of K2.

Drennan reminds us that his original claim was filed in the spring of 2013, which was more than two years before the 270 megawatt project was completed.

He says significant facts of the case have changed since then, and that K2 wants to strike down certain provisions of the Drennans’ original claim.

The 2013 claim asked that renewable energy approval be stayed and that K2 not be built.

The document also sought damages.

The Drennans’ Constitutional argument of the original claim was heard by the Environmental Review Tribunal and upheld by the Ontario Court of Appeal.

Drennan admits the process is a challenge since Toronto-based lawyer Julian Falconer is no longer representing the couple.

Superior Court Judge Russell Raikes advised Drennan on the correct way to file the amended claim, and has set January 19th as the date for the motion to strike to be heard in Goderich Court.

READ AT: http://www.bayshorebroadcasting.ca/news_item.php?NewsID=88452

Bad Actors

“How did we get here? How did the people of Ontario become the enemy of the state?”

ostrander-point-ert-1

Posted: October 21, 2016 at 8:49 am   /   by

The image remains seared into the consciousness of everyone who witnessed the grotesque spectacle. The full power and fury of the state and its legal might, side by side with one of most powerful law firms in Canada, arrayed against the grey-haired volunteers of the Prince Edward County Field Naturalists. Five Goliaths against one David.

One side funded by taxpayers and corporate interests, the other by donations and the kindness of individuals in this community. One side working to forestall the demise of species at risk, the other side hungrily pursuing profits. Alongside them were government lawyers dispatched from Toronto to defeat the County’s Field Naturalists.ostrander-point-shore

How did we get here? How did the people of Ontario become the enemy of the state?

At a moment in history when liberal democracy looks more fragile than it has done in 70 years, the troubles infecting this province may seem trivial by comparison. It isn’t trivial to the folks of PECFN still working to pay their legal bill. Nor to the folks still battling yet another powerful developer and an unrepentant province in South Marysburgh. Or on Amherst Island.

Yet it is only by understanding how and why governments turn against their people that we see the roots of unrest and decay in democracy. A goodly portion of Americans who despise Donald Trump will vote for him next month, not because they believe he is a better candidate than his opponent, but because they want to throw a brick through the window of a government they believe is working against their interests.

To be clear, this isn’t a defence of their choices, but rather a caution that we are not immune to the illness that has infected American politics in this cycle.

I expect most of the handful of folks who volunteer with PECFN would not describe themselves as political. Their interests lie mostly in the natural world and the beasts that populate it. PECFN didn’t set out do battle with a provincial government indifferent to the plight of its own endangered species, or with a corporation determined to reap profits from industrializing the County’s south shore. They were thrust into this fight because the provincial government shredded its own protections and safeguards to give corporate interests free rein.

But why? What drives elected officials to use the state’s power and resources against those working to protect the natural world it has abandoned?

We got a glimpse last week when Kathleen Wynne defended her government’s cap and trade emmissions scheme. She told a business audience in Niagara Falls that Ontarians are “very bad actors” in terms of per capita emissions of greenhouse gases. It wasn’t a slip of the tongue—or offhand remark. These words were part of a scripted speech.

Fortunately for the wretched folks in this province, we have a premier who understands good and bad—better than we do. She has unveiled the selfish and narrow view through which we see the world around us. Kathleen Wynne will be our better selves.

In this morality play your provincial government has decided it will not work in your interest— but rather what it believes your interest ought to be. It knows this better than you. Kathleen Wynne, and Dalton McGuinty before her, believe they know what is best, and cling to the hope that history will judge them better than Ontario’s weak and myopic voters do now.

Maybe.

But untethered by accountability to its voters and deaf to its ministries’ advice and counsel, provincial Liberals have made a terrible mess of the energy supply system in Ontario. It will take decades to fix. It has squandered billions of dollars chasing schemes unworthy of a Nigerian postmark. It has pushed manufacturing jobs out of the province. And it has rendered electricity bills that are unaffordable for many of its poorest rural residents. Meanwhile, it has made a select group of developers very, very wealthy.

In turn, they have dutifully filled her parties’ coffers— to arm her for the next election.

How is it that the most righteous tend to be the most susceptible to corruption and misdeeds? There is something distinctly Shakespearean in this tragedy.

In 2011, facing an election Energy Minister Brad Duguid announced a moratorium on offshore wind development. Loud opposition was building in Duguid’s own riding at the prospect of industrial wind turbines rising just offshore from the Scarborough Bluffs. The science was unsettled, he said. But it was politics pure and simple. Duguid and the Liberals won the election. This week, taxpayers of this province learned the cost of his calculation.

This is because Duguid’s decision also scuttled a project to build offshore wind turbines near Wolfe Island by American developer Windstream Energy. The company sued. Last week ,a court awarded the company $25 million plus its legal expenses of nearly $3 million. Ontario taxpayers are on the hook for this bill. Furthermore, the developer maintains that its 300 MW contract, worth $5.2 billion, is still in effect.

It is the largest award ever ordered under the North American Free Trade Agreement—yet it is just the most recent cheque written by this government for power that will not be generated.

Ontarians have, indeed, been very bad actors.

RICK@WELLINGTONTIMES.CA

Join PEPTBO for their Fall Dinner on October 29 at the Waring House Inn Banquet Hall. Noted ornithologist Jean Iron will be the keynote speaker. For more information visit peptbo.ca or call the Waring House at 613- 476-7492 ext. 4220.

READ AT: http://wellingtontimes.ca/bad-actors/

Witness Tampering Allegations made for Hearing of Wind Turbine Safety Hazard for Aviation

TORONTO – Ontario’s Liberal government denies Opposition charges that it interfered with the witness list for a hearing into a plan to install at least six, 152-metre-high wind turbines near the Collingwood airport.

Progressive Conservative house leader Jim Wilson says the province decided at the last minute to call a witness from NAVCanada instead of an expert from Transport Canada at an Environmental Review Tribunal hearing.

NAVCanada is a private corporation that owns and operates the country’s civil air navigation service, while Transport Canada is the federal government department responsible for transportation policies and programs.

Wilson says the witnesses were changed because Transport Canada has concerns about putting industrial wind turbines between the Collingwood Regional Airport and the Stayner aerodrome.

He says the Ontario government refuses to acknowledge that putting giant turbines so close to the small airports pose a hazard to aircraft operations.

But Environment Minister Glen Murray says it would be against the law for him to play any role in determining witnesses or influencing the environmental tribunal.

READ MORE:  http://www.winnipegfreepress.com/arts-and-life/life/greenpage/liberal-deny-tampering-with-witnesses-at-hearing-into-wind-turbines-near-airport-394837381.html

Do No Harm

Fotolia_Blandings-Turtle_S-e1466534508444Risk of Harm to Blanding’s Turtles from a Wind project

“This is the first time that the Tribunal has exercised its remedial powers in relation to the successful appeal of an REA on the grounds that it would cause serious and irreversible harm to the environment.”

On June 6, 2016, the Environmental Review Tribunal (Tribunal) issued a ruling revoking the renewable energy approval (REA) granted by the Director of the Ministry of Environment and Climate Change (MOECC) to Ostrander Point GP (Ostrander) for the installation of nine wind turbine generators and supporting facilities, including new access roads and upgrades to existing roads, on the south shore of Prince Edward County.

Appeal of the Ostrander REA

The Director’s decision to grant the Ostrander REA was appealed to the Tribunal by the Prince Edward County Field Naturalists (PECFN) in 2013 on the grounds that engaging in the wind turbine project under the REA would cause serious and irreversible harm to plant life, animal or the natural environment.[1] In its July 3, 2013 decision, the Tribunal found that PECFN had met this “environmental harm test” and revoked the Ostrander REA. Specifically, the Tribunal found that the installation of access roads and improvement of existing roads for the construction, maintenance and monitoring of the wind turbines would pose serious and irreversible harm to the Blanding’s turtle, a species listed in Ontario as “threatened,” through increased vehicle traffic, poachers and predators.

READ MORE:  http://www.energyinsider.ca/index.php/ert-upholds-revocation-of-wind-farms-renewable-energy-approval-risk-of-harm-to-blandings-turtle/#page=1

“Road Warrior” Prints

road warrior

The Devil whispers “You can’t withstand the Storm”.
The Warrior replies “I am the Storm”.

Prints Now Available:

For Amherst Island and Prince Edward County, the Blanding’s Turtle symbolizes the need to protect Ontario’s sensitive environment.

“Road Warrior”, a limited edition print numbered and signed by esteemed artist Peter G. S. Large is now available. Only 50 hand-tinted, numbered prints have been created. Derived from an original drawing the prints are 19 X 13 inches printed on acid-free archival watercolour paper and are sold unframed and unmatted. The “Road Warrior” watermark does NOT appear on the print.

Peter G. S. Large is an award-winning Canadian artist. He is Past President of the Society of Canadian Artists, Member of the Ontario Society of Artists, Professional Member and Past-President of the Arts and Letters Club of Toronto.

The price is $200 with all proceeds generously donated by Peter to the Association to Protect Amherst Island.

Free delivery is available on Amherst Island, in Prince Edward County and in Kingston. Otherwise shipping is $25.

Please etransfer $200 to protectai@kos.net or make your cheque payable to APAI and send along with your contact information to Box 6 Stella ON K0H 2S0.

Contact protectai@kos.net to arrange to see the print or visit Peter in his studio on Saturday July 9 from 9 to 5 as part of the Amherst Island Art Tour. Start at the Neilson Store Museum and Cultural Centre 5220 Front Road Stella ON to obtain your map and directions.

Thank you for your support of the Association to Protect Amherst Island: http://www.protectamherstisland.ca/

 

UnSung Hero

An advocate rails against forced green energy

“Kristi Rosenquist has proven again and again that individual activists can make a difference in the never-ending battle against the regulatory power of the state. Her energy, attention to detail and courage have made this rural Minnesotan a power to be reckoned with.”

Kristi Rosenquist isn’t one to rest on her laurels.

This spring, for instance, she’s battling the wind industry yet again, trying to persuade members of the Minnesota Legislature that the state needs better noise standards for siting wind turbines because those spinning noise-makers are now allowed as close as 500 feet from residents’ homes.

The state uses noise standards not designed for turbines, Rosenquist argues. She said the state needs to eliminate the standard and create a new one.

“That means, in my opinion, they shouldn’t build any more turbines until they have new siting standards,” she told Watchdog.org.

The latest fight is just one of a long list of Herculean efforts by Rosenquist in the fight against big government and the green energy industry, which began with a personal battle to protect her own hobby farm.

                Kristi Rosenquist
 By state definition, that’s a farm of 50 acres or less, fitting the description of the one owned by Rosenquist and her husband, Bob. They planned to add an agricultural building on the land, and Wabasha County was going to require that the septic system for their home be reinspected, at great cost to the Rosenquists. The provision was in place because the state considered their property to be shore land because of an intermittent stream that flowed when it rained hard.

“I said, ‘That’s not happening,’” Rosenquist remembered.

She fought the law and got the county to change how it administered it. The victory was an eye-opening experience for someone who had never before been active in a political crusade. As important as anything, she learned that when someone leads, others will follow.

“The great news is there are plenty of people who will come when I need help,” she said.

Inspired by that first success, Rosenquist turned her attention to the proposed New Era Wind Farm in Goodhue County, one of many such projects slated for development to meet state and federal renewable energy mandates and take advantage of federal subsidies.

Residents questioned its location near homes and the impact on area wildlife, particularly eagles. Local opposition stymied the project and Texas billionaire T. Boone Pickens pulled out. Despite $15 million spent on permits and other miscellaneous costs, the project died.

Rosenquist continued to fight against wind farms, working with lawmakers to craft legislation to change Minnesota turbine siting standards in 2011 and continuing to push the issue at the local and state levels.

READ MORE:  http://watchdog.org/266370/unsung-hero-kristi-rosenquist-tilts-wind-farms/

Industrial Wind Turbines: Why the Battle is Worth the Fight

1297643875683_ORIGINAL (1)Mothers Against Wind Turbines Inc. has launched an Environmental Review Tribunal (ERT) against the Ministry of Environment and Climate Change (MOE) and the Niagara Region Wind Corporation (NRWC).   The NRWC has been granted approval by the Ministry of the Environment to construct 77 industrial wind turbines in West Lincoln, Wainfleet and Haldimand County.   These IWT’s are the largest turbines to be placed on land in North America with the smallest set back. They will generate more empty homes, hospital expenses and higher electricity bills.

Many in the reading audience may be bored with this news, or resigned to the results when little people battle huge corporations or the government, but this battle is worth fighting because more and more red flags are going up on the field. Continue reading Industrial Wind Turbines: Why the Battle is Worth the Fight