Tag Archives: ERic Gillespie

Plymptom Wyoming, Ontario, Mayor, Council, Issue Groundbreaking New Wind Turbine Noise By Law

turbine noise Canada Free Press,  By Guest Column Sherri Lange  October 18, 2014

Mayor Lonny Napper of Plympton Wyoming, Ontario, with his Chief Administrative Officer, Kyle Pratt, led his council to a “game changer” bylaw last week.  The wind turbine noise bylaw crafted by council and vetted with Toronto lawyer, Eric Gillespie, references Infrasound and Low Frequency Noise (ILFN) and pulsing barometric pressure changes that are now recognized to damage health around the world.

The bylaw references charging fees to developers if ILFN causes residents problems.  Common effects are from chronic unrelenting noise, sleep disorders, hormone level disruption, increased risk of disease, diabetes, hypertension, depression, heart arrhythmias, and possibly even cancer. (Carmen Krogh and Dr Robert McMurtry, both of Ontario,  recently published a case definition that accepts inner ear disruption, sleep disorders, hypertension, mood disorders, nausea, tinnitus, as part of the presenting complaints combined with proximity to wind turbines.)

In  Plympton Wyoming, complaints will lead to investigations and hefty fines. This is the first bylaw directly referencing ILFN and demanding fines of between $500 to $10,000 per day, and which may be, the bylaw states, in excess of $100,000.
While over 80 Ontario municipalities have called for a moratorium, declared themselves unwilling hosts, and have called for the resignation of the Medical Officer of Health, Dr. Arlene King, as well as variously creating new bylaws for longer setbacks and decommissioning costs, the Green Energy and Green Economy Act 2009 (GEA), subjugates most Ontario law under its wings, leaving communities scrambling to find ways to protect themselves.  Mayor Napper and his council have likely found the idea remedy: one that is not subsumed into the GEA.  Health issues cannot be found to be contrary to the GEA or “frustrate” the efforts of the laws to perpetuate wind turbine factories, or so-called “renewable energy platforms.”

“When I took an oath to protect my community, I took it very seriously,” continues Mayor Napper.  “The information about what other communities are suffering, disruption, noise, degradation of precious landscapes, seriously divided communities, and to see that this possible devastation is in my full view, for my residents, something has to give.”

Thank you Mayor Napper and Plymptom Wyoming council. Read the rest of the article here.

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

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