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Industrial Wind Turbines …. The Wolf in Sheep’s Clothing

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Industrial Wind Turbines

The Wolf in Sheep’s Clothing

Written by: Anna Sand
This Monday and Tuesday, will bring to a finale a 4 year legal battle. The fight? To stop the construction of 9 industrial wind turbines (IWT) in Ostrander Point, one of North America’s most important migratory routes for birds and home to endangered species.
The battle pits residents and environmental groups, like Nature Canada, against Gilead Power Corporation and the Government.

But what is the problem? Aren’t wind turbines GREEN? Why would environmental groups be in direct opposition to a green energy project? Conversely, with such a small project and such opposition, why hasn’t Gilead just walked away?  The reason?  The hidden stakes are much bigger than they might first appear.

Part of the problem is the location: Ostrander Point, Prince Edward County. Sometimes called the New Niagara on the Lake, the ‘County’ has grown in popularity in recent years. An island 3 hours east of Toronto; it’s home to over 35 wineries, organic farms,
the world famous Sandbanks Provincial Park, a National Wildlife Reserve and Prince Edward Point Bird Observatory, which attracts birders from around the world. Ostrander Point and the County, it turns out, are homes to endangered species and are directly in
one of the most important migratory routes for birds in North America.

Unfortunately, Gilead has much bigger plans than just 9 IWT. If Gilead wins this fight, they plan to build another 90 Industrial Wind Turbines across the County.

Little Old Ladies with Sticks

Okay, they aren’t holding sticks but… holding bake sales, tea parties, selling t-shirts and anything else they can do, this mighty band of opposition, the ‘Turtle Defenders’ – after the endangered Blanding’s Turtle whose home sits directly in the path of the planned
IWT construction – includes some spit fiery seniors! So far they’ve raised over $193,000 to fight against the construction of the turbines. (Clearly, the public supports them.) It’s both a sad and empowering sight. Little old ladies up in arms and not backing down,
sitting behind their lone (but determined!) lawyer, Eric Gillespie, a specialist in environmental law. The Gilead Corporation, on the other hand, is flanked by a team of high priced lawyers, including government lawyers paid for with tax payer dollars. David
versus Goliath. Continue reading Industrial Wind Turbines …. The Wolf in Sheep’s Clothing →

Charter of Rights and Freedoms, ERT Appeal, fighting big wind., How to Fight Big Wind..., legal challenges, Ontario Wind, Uncategorized

Turbine opponents prepare for next fight

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Mothers Against Wind Turbines looks to raise $100,000

Bryan Jongblood looks at a map to determine his receptor number. Mothers Against Wind Turbines held an information meeting last week as it prepares to launch a legal battle against the Niagara Region Wind Corp. project that is before the province.
Bryan Jongblood looks at a map to determine his receptor number. Mothers Against Wind Turbines held an information meeting last week as it prepares to launch a legal battle against the Niagara Region Wind Corp. project that is before the province.

Approval of a 77-turbine project from the province could come any day and a group of residents opposed to its existence is doing anything but silently waiting.

 

 

Mothers Against Wind Turbines Inc (MAWT) is bracing for a fight, much like their comrades in the West Lincoln Glanbrook Wind Action Group have been. While the latter group is awaiting a decision from the Environmental Review Tribunal (ERT) the newer group is gathering information and raising funds to mount its own fight against a much larger project.

Niagara Region Wind Corporation (NRWC) submitted its renewable energy approval application 10 months ago and residents have been preparing for its approval ever since. Should it be approved, 77 turbines will rise on the rural landscape of West Lincoln, Wainfleet and Haldimand. Forty-four of them are slated for the community of West Lincoln, with the majority in the Wellandport and St. Anns areas.

Last week MAWT (Inc)  invited members of the public to an information session at Covenant Christian School in Smithville where they provided an update on both the NRWC and IPC Energy projects and asked for support.

“A Charter challenge is going to cost hundreds of thousands of dollars,” said Deb Murphy, co-chair of WLGWAG and a new paralegal who represented Anne Fairfield at her ERT hearing last month. “The average person, the average group can’t even begin to think about that.”

The issue with taking wind proponents to court, said Murphy, is the process. While an environmental review tribunal can only rule on whether or not a project will impact health — human, animal or environmental — it is the first step in a lengthy process to fight the projects she said. This is the case with WLGWAG’s appeal which was launched by Fairfield after the project was approved and again when the province approved an amendment to the project after it was discovered that four of the five turbines were placed too close to neighbouring properties then regulations allow. The tribunal could not rule on the process, explained Murphy, only on whether or not the amended application would harm health.

“You can’t skip it. You have to go to the ERT and lose that then appeal,” said Murphy, noting it cost WLGWAG $4,000 in copying alone to prepare for the hearing. “It sucks. Thirty one of 32 ERTs lose.”

While the ERT was costly in paper, the next step, divisional court, will cost even more warned Murphy who noted paralegals can’t represent the group in the next stage meaning to have a fighting chance a lawyer is required. Murphy also warned that timelines will be tight as the group will have only 15 days from the time the project is approved to launch its appeal.

Luckily for both groups they have been granted intervenor status in a constitutional challenge launched by three groups fighting turbines in Goderich, St. Columbian and Kincardine. A total of 15 groups in Ontario similar to MAWT (Inc.) and WLGWAG are also included as intervenors on the case which will head to court in November.

It cost each group about $6,000 to participate, said Murphy, who expects wind proponents to challenge any victory granted to groups like MAWT (Inc).

“If we win, you know the wind companies will fight it,” she said. “It could take a long time.”

To raise funds for legal fees MAWT(Inc) is selling tree seedlings, T-shirts and lawn signs. The group also hosts garage sales and is always taking donations of gently used items. The group has a goal of raising $100,000 to cover legal costs each step of the way.

The group is also looking for volunteers to help with fundraising, research and writing and seeks the advice of experts in various fields from legal to technical.

“If we don’t have legal counsel it will be tough for us,” said Lois Johnson, MAWT (Inc) member. “The time to donate is now.

“MAWT(Inc.) will launch an ERT.  MAWT (Inc.)will launch a judicial review and MAWT (Inc.) has joined the constitutional challenge,” Johnson added.

The group is also asking that anyone living within 2.5 kilometres of the NRWC project area determine their receptor number — which is based on the distance between the turbine and home. Those numbers will help the group prepare evidence in relation to noise disturbance from the turbines should they be erected.

“If you’re on the list, we need to talk to you,” Johnson said.

For more information on the group or to donate visit mothersagainstturbines.com

or follow this link for more information on how to donate:  Mothers Against Wind Turbines Inc. Promise to YOU!
Direct Effects, legal challenges, Noise, The problem with Wind Turbines

“So the fight about turbines went on for years and we never took a side.”

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This will be the story for many of our residents in West Lincoln if the NRWC wind farm is placed.  Have YOU taken a side?

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This is why setback distances are so important but really why are these monsters still being built?

Below is a frightening comment to a story in the Batavia, NY newspaper-It was sent by Mary Kay Barton of Wyoming County which is where Orangeville is located. Wyoming County is located just east of Buffalo, NY. Wildlife and wildlife habitat gone with the wind.

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READ the SAD TESTIMONY (below) of another couple now stuck living within Invenergy’s Orangeville, NY wind factory, who unfortunately, did not heed our warnings and get involved in fighting the wind mess prior to the wind factory being built. Can they expect ANY HELP from our elected “Public Servants”? Can they expect any coverage of their problems by the local newspapers & media? Time will tell, but it’s not hard to figure out why the world is in the sad state of affairs that it is in, when people in our own small towns are willing to throw their neighbors under the bus for a few bucks while those who were elected to ‘serve & protect’ them continue to ignore the situation – all in pursuit of a complete FRAUD.

From “sdamike” on Batavia Daily News story about new Orangeville lawsuit (link below):

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I would like to chime in here, being located in Orangeville myself.we never took a side

Where we live, we are surrounded by more than 6 turbines with in 1/4 to

1/2 mile I’d guess. it may be more turbines than that im just going by
how i can see easily.  We moved to orangeville about 5 years ago and were
totally neutral to the whole wind turbine issue.  We figured lower
property taxes would be nice and that how bad can the turbines be?  So
the fight about turbines went on for years and we never took a side.

Then the turbines started being built. It was a mess and you dont absorb how big a turbine is until you see 1 blade being trucked in on a semi with a double length trailer bed. Months later after all the mess, they were done and running. First thing you notice is no more clean night sky, now there is always blinking red lights and if its foggy, the whole sky blinks red.

Then we noticed water vibrating in our barn and in our house. Now we have lived here 5 years and never seen that before. And it happens In Just a plain old water bottle, the water vibrates… like in the movie jurrasic park when the t-rex is coming…its just like that just not as severe.

Then as the weather changed for the worse or if the wind was stronger, we noticed the water vibrations get worse and we also noticed the wind turbines make much more noise.In our house we actually get a type of thumping in the right conditions. Its pretty terrible. I will close windows, turn fans on, turn the a/c on, turn the tv on just to drown out the noises. It also gives me a “I need to get out of here” anxiety feeling…and well, there no getting out of anywhere…its where you live!  And we also run our business from here, so no escape at work!

On the bad nights it effects my sleep, I just cant fall asleep. I even
tried ear plugs…which will work sometimes.

Thats another thing, forget having your windows open for the most
part…especially at night, that seems to always be when the turbines
make the most noise. But they can have noisy days if the weather is
right.

The one time it was like 3 days of constant thumping and noise...we
called the invenergy rep to complain and they sent out some lady…didnt say much and didnt help much either.

We had another instance where she and some head guy from Chicago came…I showed him what the water was doing on a video i had on my phone that I took, and also showed him in person, but he didnt even really acknowledge it. All they care about is the DB meter which is really not a fair measurement of what is going on here. Overall we probably called invenergy 5 or so times to complain over the past 5 or so months. But after a few times it just seemed like the same song and dance and then there doesn’t seem to be a point in calling to complain anymore.

I will say now, i am getting headaches more frequently...not sure if
its related, but it has increased. And i feel like i never really get
good sleep...probably because the noise they make takes you out of REM sleep would be my guess.

But its the thumping and noise that i cant deal with. Forget open
windows, forget enjoying outside. Unless its just the right day with no wind or barely any and the turbine are barely even moving or are just not moving at all…you will hear them.

Looking back now, I would rather pay the higher taxes then have the wind turbines here. They really have changed life in a negative way and i dont think anyone deserves that.

To all that think Im making this stuff up, go live by some turbines…esp. these huge ones we have here in orangeville that are even bigger than the sheldon ones, for at least a month or two, and then tell me what you think.

I wish i would have know about this lawsuit as maybe it will help fix
something, the more people the better as there is strength in numbers, but how were we supposed to know about it to get on board?

$40 Million Dollar Lawsuit Filed by Orangeville, NY citizens against
Invenergy: http://www.thedailynewsonline.com/news/article_326873a8-2a7a-11e4-8f8b-001a4bcf887a.html

fighting big wind., Health, Health effects from wind turbines, legal challenges, Noise, Property Rights, Shadow Flicker

Sixty Residents fighting for their Quality of Life.

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This is a lawsuit to keep an eye on.  It’s being heard in their State Supreme Court.

Sixty residents from Orangeville and Attica have filed lawsuits claiming that the Stony Creek Wind Farm is ruining their quality of life, destroyed property values, and is affecting their health because of noise and vibration.

CaptureAttorney Richard Lippes, who handled the Love Canal lawsuits, is representing the angry residents.

Lippes said the basis of the lawsuit claims the wind turbines were erected too close to residential homes and are now causing “adverse effects.”

The lawsuits were filed in State Supreme Court in Wyoming County and they also seek restrictions on operation of the wind turbines.

The Orangeville wind farm contains 58 wind turbines and was constructed in 2013 by Invenergy – which is the sole defendant in the lawsuits.

Invenergy issued the following statement in response:

About the Orangeville wind farm

As a clean energy leader, Invenergy is committed to successful, enduring partnerships with the communities in which our projects are located. We are grateful for the broad support we’ve received in Western New York and continue to receive from members of the community.

While support for renewable energy is strong across our country, we take seriously any concerns of those who live in a project host community. That is why we took great care in developing the Orangeville wind farm in accordance with all local, state, and federal laws and regulations. The lengthy authorization process was open and inclusive, allowing extensive opportunity for citizen input.

In addition, since the Orangeville wind farm commenced commercial operation, the facility has been operated and maintained in accordance with all applicable laws and regulations, including local zoning laws, relevant state agency directives, and Federal Aviation Administration (“FAA”) requirements.

About Wind Turbine Sound and Health

Numerous studies – conducted in countries all over the world – have found no evidence to support a link between sound emitted from wind turbines and adverse health effects.

About Wind Turbines and Property Values A 2013 comprehensive report by the U.S. Department of Energy’s Lawrence Berkeley National Laboratory studied wind turbines and home values. In analyzing more than 50,000 home sales near 67 wind farms in nine states, researchers were “unable to uncover any impacts to nearby home property values.”

About Petitioners’ Motions

The Orangeville wind farm will vigorously defend itself against the unfounded claims set forth in these complaints

Follow to watch the accompanying News Report.

Charter of Rights and Freedoms, fighting big wind., legal challenges

This Case is for the People Of Ontario…

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The Residents of Ontario, especially Rural Ontario, owe a great deal of gratitude to SWEAR and the Drennan’s for taking on this Charter Challenge!

MAWT Inc.  Thanks You!!

  A win for them is a WIN for ALL Residents of Ontario!!  

About SWEAR

CaptureSWEAR is a non profit organization dedicated to holding government accountable for the production of safe wind energy. SWEAR believes the government of Ontario did not exercise due diligence when crafting the Green Energy and Economy Act.  A very heavy handed approach was used.  Rural Ontario does not take kindly to this type of governance. The Drennan’s, members of SWEAR stepped forward in 2012 to be the named persons on the lawsuit.

         Although the Drennans’ name is widely known in this case, there is a broader public interest being served.

 “It has taken time to educate the public to the fact that his case is not personal to the Drennans, but the understanding is now clearly there.  This case is for the people of Ontario who want safe wind energy in their communities and beyond. The government says that massive industrial wind turbines are safe.  We, the people, are holding them accountable.”

follow link to read Court Docucments  and to DONATE!

SWEAR

 

ERT Appeal, Government Misrepresentation, legal challenges, Ontario Wind

“Unite The Fight” Dinner Another Success!

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Lowbanks, Ontario
May 29 2014

DSCN2114

The Mothers Against Wind Turbines hosted another successful dinner and information night in a recent series called “Unite The Fight.” It was held in Haldimand County on the beautiful shores of Lake Erie, at the Lowbanks Community Hall. Great food was served buffet style and the desert table was sinfully tempting.  New faces and the meeting of old friends and supporters as the relentless invasion of wind turbines continues in Ontario.

The night was one of discussion about wind projects and governmental process grievances.  Updates were given on various legal strategies against the unwanted wind projects. A special focus was made about the Niagara Region Wind Corporations proposal to erect 77,  3 MW turbines in a sprawling foot print, that would cover three counties which would include West Lincoln, Wainfleet and Haldimand.  The project has submitted its reports to the Ministry of the Environment for technicalDSCN2112 review and though its reports have
multiple deficiencies, its approval remains a real threat.  Several members of the Mothers Against Wind Turbines working committees made presentations of activities and actions already undertaken and anticipated next steps. The Trees Not Turbines campaign was underway!

Ontario is currently facing Provincial elections and Municipal elections will take place later, in the fall of 2014.  Renewable energy, wind turbines and electricity rates are hot button topics and politicians are being demanded to articulate their party platforms and to work for the people. MAWT and dinner guests heard some words from Marnie Knight a well-known and longtime community activist in the fight against the wind projects. She is now a declared Mayoral candidate for Haldimand and is running in opposition
to the current Mayor, Ken Hewitt.    Notice of the dinner had been sent to multiple candidates and representatives of the local communities. Toby Barrett MPP of Haldimand Norfolk who is seeking re-election in the Provincial elections, stopped by for dinner and accepted hard questions from community members on wind power, including those from Wainfleet Alderman, Betty Konc who was also dining at the event.  Barrett was challenged to speak to a range of issues surrounding the Green Energy Act, FIT contracts
and renewable energy.

Tara Pitts owner of Burnaby Sky Dive a local business  gave a passionate speech and put a human face on the hurtful impacts, unjust planning process and questionable project placements.  She was very honest about how the ongoing legal battle will likely bankrupt her business.  The receDSCN2127ntly released decision was not favourable for the Pitts and surrounding residents. Industrial wind turbines are being located in proximity to their base of operations and are raising legitimate concerns of safety and the future operational parameters of Burnaby Sky Dive.  Wind turbines, aviation and sky divers, these words paint a picture of deadly risk and speak to a clear lack of any planning common sense. The next step in the tortuous legal path will be an appeal in Divisional Court.  She urged everyone present that this was everyone’s fight and to get angry over the injustices and not to be complacent.  A legal battle may have been lost but it isn’t over,  as she said “the fat lady is only humming but she isn’t singing yet.”

Wainfleet Ratepayers Association in partnership with Mothers Against Wind Turbines Inc launched the start of their Raffle with the monies raised to support the ongoing legal costs involving Burnaby Sky Dive opposition  to the wind turbines.   If you are interested in purchasing raffle tickets they will be available at MAWT events now until the draw in September.  Contact the Mothers Against Wind Turbines Inc.  at their website:
mothersagainsturbines.com

The Mothers Against Wind Turbines Inc have many other events in the works, and next up will a booth at Friday the 13th in Port Dover, and Poultry Fest at the end of June.

Thank you to all for your support!

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Charter of Rights and Freedoms, Corruption, fighting big wind., Government corruption, Government Misrepresentation, legal challenges, Ontario Wind

Abuse of Power – Letter to Ministry of the Attorney General

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Animals and turbines, Corruption, Destruction from turbines, Environment, ERT Appeal, harm to wildlife, legal challenges, Ontario Wind

Sad news Ostrander Point ERT Appeal Decision revoked by divisional court

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Court favours wind turbines over Blanding’s turtle

An Ontario court has ruled that an environmental tribunal erred when it rejected a proposed wind farm that threatens the habitat of Blanding’s turtles.

By John Spears Toronto Star

Blanding’s turtle is in trouble again: An Ontario court has cleared the way for a wind farm that an environmental tribunal says will threaten the turtle’s habitat.

The modest reptile had stood in the way of a wind farm at Ostrander Point in Prince Edward County.

But a divisional court panel ruled Thursday that the environmental tribunal made six errors of law in reaching its conclusion that the wind farm would cause “serious and irreversible harm” to the turtle.

The court restored the decision by provincial officials, allowing Gilead Power to proceed with the project, which would erect nine big wind turbines on the site.

It was a bitter blow to local nature and conservation groups. They had argued the wind farm – and the increased traffic associated with it – would harm not just the turtles, but also birds, bats and the rare “alvar” ecosystem at Ostrander Point.

The court sided with Gilead.  Read rest of article.

Animals and turbines, Destruction from turbines, ERT Appeal, fighting big wind., Government corruption, harm to wildlife, How to Fight Big Wind..., legal challenges, Ontario Wind

Divisional Court January 22, 2014- Going Down a Rabbit Hole

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Cheryl Anderson

Interested observers continued to give up their personal time to attend the Divisional Court hearing today.  About 40 people attended.  It is wonderful how many people have been willing to come from the County in the middle of the week to support PECFN.

Sitting in the Court one begins to wonder about the whole process.  PECFN is here to defend the decision of the Environmental Review Tribunal.  The Tribunal is not in Court.  The Ministry of Natural Resources is not in Court and yet the decision of that ministry to allow species at risk to be killed, harmed or harassed at Ostrander Point is being discussed at length.  The Tribunal was a creature of the MOE and yet the MOE trying to prove that the Tribunal made the wrong decision.  Shouldn’t the MOE be supporting its own creation?  Myrna asks “Are we going down the rabbit hole here?”

The Gilead and Ministry of Environment lawyers spent the morning discussing whether the Environmental Review Tribunal’s decision was in conflict with the Environmental Protection Act and why there was no evidence given about the numbers of Blanding’s turtles at Ostrander Point, the amount of vehicular traffic or the potential increase in vehicular traffic if the project is approved.  Throughout, the 9 turbine Industrial Wind Turbine project at Ostrander Point was described as a” Public Infrastructure Project”.  As you can imagine, this description made the majority of the observers gag!  The next topic was the suggestion that the Tribunal should have considered alternatives to the project – i.e. made a provision that the roads be closed to the public and offered to approve the project with that condition.   Again there was protracted discussion about the relationship between the ERT and the ESA permit issued by the MNR.

Eric Gillespie spent the afternoon responding to the arguments of the MOE and Gilead.  At this juncture we have to say a very special “Thank you” to Natalie Smith.  Natalie spent the fall analysing the ERT decision and preparing for the counter appeal by Gilead and the MOE.  She has been at Eric’s side throughout and provides the extra knowledge to make sure that we are successful in defending the appeal.

Justice Nordheim put a little wrinkle in the proceedings when he asked Eric to show him where in the ERT analysed the difference between “serious” and “irreversible”.  He wanted to be able to follow the ERT’s reasons for coming to the decision that the Gilead project would cause irreversible damage to the Blanding’s Turtles at Ostrander Point.  Of course, Eric and Natalie were able to find several instances in the decision that showed the analysis of the ERT and how they came to the decision to turn down the Gilead project.

The appeal continues tomorrow morning at 9:30.  The APPEC appeal is scheduled for Thursday afternoon.  I will report on the final few hours of the PECFN appeal tomorrow evening when I get back to the County.

Thank you to everyone for your continued support and for the encouraging messages.
Cheryl Anderson