No appeal in Ostrander Point wind farm case

The Prince Edward County Field Naturalists, who brought the appeal against the Gilead Power wind project at Ostrander Point in Prince Edward County, released this information tonight.

Media Release

Prince Edward County Field Naturalists

PECFN breathes out

July 6, 2016 Picton, Ontario — On June 6, 2016 we reported that “The Tribunal in the Ostrander Point ERT hearing has found that the remedies proposed by Ostrander [Gilead] and the Director are not appropriate in the unique circumstances of this case.  The Tribunal finds that the appropriate remedy under s.145.2.1 (4) is to revoke the Director’s decision to issue the REA [Renewable energy Approval]. ”

Following that decision both the Director (Minister of Environment and Climate Change) and Gilead Power had the right to to appeal to the Divisional Court based on legal errors in the decision of the Environmental Review Tribunal. The proponent had thirty days to submit their appeal and today was the deadline.  As of 5 pm today no notice has come of that request to appeal.

In early 2012 Myrna Wood, Pamela Stagg and I started a blog on Countylive to try to let people know how important the habitat at Ostrander Point Crown Land Block was to migrating birds, bats, and butterflies.  We also spent time writing about reptiles and amphibians at risk and the important imperilled alvar habitat.

At the same time Nature Canada, Ontario Nature and PECFN were writing comments to the Environmental Bill of Rights about the proposed project which the government claimed was public input under the Green Energy Act.  All organizations pointed out the importance of this site to migrating birds, bats, monarchs and species at risk such as the Whip-poor-will and the Blanding’s Turtle.  In spite of all this input the Ministry of the Environment approved a project on December 20, 2012 to install 9 turbines and their associated roads and ancillary equipment at Ostrander Point Crown Land Block.  Given 15 days to appeal, PECFN moved forward, solid in the knowledge that Ostrander Point was the wrong place for wind turbines.

This action has been described as a David versus Goliath battle.  PECFN, a rural organization of about 60 members was up against the Ministry of Environment and Climate Change and a large oil company-owned business.  It is particularly wonderful to finally realize that the battle is over and that “David” has prevailed.  Myrna Wood comments “This was a long and hard battle, but totally worth it – important habitat has been conserved and we are very happy.”

Myrna Wood

Cheryl Anderson

For more information go to: www.savethesouthshore.org

Wind power contract process ‘unfair’ ‘frustrating’ and undemocratic say Ontario municipalities

Mayor Higgins: Hoping for open discussion with the new Energy MInister (Photo CBC)
Mayor Higgins: Hoping for open discussion with the new Energy Minister (Photo CBC)

CBC News June 20, 2016

 

Seventy-five municipalities across Ontario are calling on the provincial government to give them more say on future wind farm projects.

Some eastern Ontario communities have declared themselves “unwilling hosts” to wind farms, only to recently have the province award contracts against their wishes.

The City of Ottawa, North Frontenac and at least 73 other municipalities want Ontario’s Independent Electrical System Operator (IESO) to “make formal municipal support a mandatory requirement in Ontario’s next round of procurement for renewable energy projects,” according to the resolution.

The provincial energy agency claims to let communities express their concerns, but that has little impact on the outcome, according to North Frontenac Mayor Ron Higgins.

“We basically don’t have any democratic right when it comes to deciding where these wind turbines go … within our municipality,” he said.

Wind Energy

75 municipalities across Ontario have endorsed a resolution that calls for increased local consultation before the next round of renewable energy projects. (Robert F. Bukaty/Associated Press)

Higgins said if given the opportunity North Frontenac would turn down all wind turbine projects, but he said some area municipalities would support them.

“We may want them, we may not want them, but if we do want them we’d like to be able to tell you where to put them,” said Higgins.

“Not right in front of a cottage door, or high on a mountain where all our cottages can see it.”

Current process ‘unfair,’ Ottawa councillor says

The current procurement process for renewable energy projects is “unfair” and “incredibly frustrating,” according to Rideau-Goulbourn ward Coun. Scott Moffatt.

Moffatt said he has no choice but to tell upset constituents “‘sorry, it’s the province, sorry, it’s the province.’ It just sounds like we’re passing the buck, but literally we have no control over these things.”

Both Higgins and Moffatt said they’re hopeful Ontario’s new energy minister, Glenn Thibeault, will be open to new discussions.

Higgins said he requested meetings with previous minister, Bob Chiarelli, three times, but that all requests were denied.

See the entire story here

 

Ostrander Point decision: key changes to wind power process say lawyers

Blanding turtle as depicted by Jim Coyle of the Toronto Star: changing history
Blanding turtle as depicted by Jim Coyle and Paul Watson of the Toronto Star: changing history

The decision of the Environmental Review Tribunal to revoke the approval of a wind power generation project at Ostrander Point in Prince Edward County is key, says a leading law firm, because it provides insight into how the Tribunal will now exercise its powers.

In an opinion published on the Osler Hoskin Harcourt LLP website, lawyers Jack Koop, Richard Wong and others say that the Tribunal can now step into the Ministry of the Environment’s Director to approve a remedy to environmental challenges but, more important, “it may consider the general purpose of the EPA, the general purpose of REAs, the public interest under section 47.5 of the EPA, and the principles set out in the Ministry’s Statements of Environmental Values (including the ecosystem approach and the precautionary principle).”

The Precautionary Principle, which had been deemed irrelevant to appeals of wind power projects is now back in play, says Osler Hoskin Harcourt: “With the Ostrander decision, the Tribunal now appears to be saying that once the more stringent harm test has been met, and the Tribunal moves to a consideration of ‘remedy’, it has licence to consider a much broader range of factors, including the precautionary principle. This raises the question of whether the decision has opened a backdoor for the Tribunal to relax the stringent harm test imposed by the statute.”

This is a highly significant finding as it has long been surmised that the test imposed under the regulations for wind power project approvals was virtually impossible to meet. In fact, as lawyer for the industry trade association CanWEA or the Canadian Wind Energy Association said in court in January, 2014, “this [the Ostrander Point decision in favour of the Appellant] was never supposed to happen.”

Read the full opinion here but it appears the little, endangered, smiling Blanding’s turtle will go down in history for more than just being in the way of an inappropriate power development.

Final arguments in Amherst Island appeal: danger to turtles and people?

The Whig-Standard, June 7, 2016

By Elliot Ferguson

The public waits for the start of the final day of the Amherst Island ERT. Elliot Ferguson/The Whig-Standard
The public waits for the Amherst Island hearing to begin June 7th. Photo: Elliot Ferguson/Whig-Standard

STELLA — The two sides in the legal battle over the Amherst Island wind energy project laid out their final submissions Tuesday.

The Association to Protect Amherst Island (APAI) is seeking the revocation of a conditional approval of Windlectric’s wind power project.

The hearing comes after the association appealed an August decision by the Ontario government that gave the project conditional approval. The Amherst Island Island Environmental Review Tribunal is expected to be the largest such hearing since the process was established.

Island resident Amy Caughey led off the final submissions by arguing that the negative effects on children’s health have not been studied collectively.

Caughey said the proximity of a proposed concrete batch plant near Amherst Island Public School would hurt pupils’ health.

But Caughey said such effects can’t properly be studied unless the children are first exposed to the dust and noise from the plant and the changes in their health documented.

“In Canada, in 2016, we do not permit such trials on children,” she said. “The burden of proof cannot fall on a parent.”

APAI’s lawyer, Eric Gillespie, said the evidence has met the burden of proof needed to show wind turbines are detrimental to human health.

“This case advances the health claims further than any other case this tribunal has heard,” he said, before outlining the key evidence his witnesses presented about the potential negative impacts of the wind turbines.

Gillespie said expert testimony showed Amherst Island is home to many species — birds, bats and turtles — that could be negatively affected by the project.

“This island is a stronghold for species that is under pressure,” he said of the local bobolink population.

Gillespie saved his final submission for the Blanding’s turtle, which has taken a special place in ERTs in this area.

The closing of the Amherst Island ERT came the day after a similar process rejected a wind energy plan for Prince Edward County.

On Monday, an ERT upheld an appeal of a nine-turbine project by the Prince Edward County Field Naturalists (PECFN), saying the installation of gates on access roads won’t adequately protect the population or habitat of Blanding’s turtles.

Gillespie said island residents called as witnesses have testified to have seen the turtle on the island. …

Read the full story here.

Victory for environment, community at Ostrander Point

Ontario Coat of Arms

The people of Prince Edward County have been battling a wind power project planned for–and supported by the Ontario government–for more than six years. An Important Bird Area and staging area for hundreds of thousands of migratory birds, and home to endangered species, Ostrander Point was a fragile environment— not suitable, most thought, for a huge, utility-scale, wind power project.

The Environmental Review Tribunal released its decision today, prepared by co-chairs Robert Wright and Heather Gibbs.

Here is a news release from the Prince Edward County Field Naturalists and their lawyer, Eric Gillespie.

TORONTO, June 6, 2016 /CNW/ – The endangered Blanding’s turtle has come out ahead in its race to protect the species and its habitat in Prince Edward County.

The Ontario Environmental Review Tribunal ruled today that the Ministry of Environment and Climate Change permit related to proposed industrial wind turbines on the Ostrander Point crown lands should be revoked.

“This is a great outcome for everyone involved and for the environment” said Myrna Wood of the Prince Edward County Field Naturalists, the appellant. “It’s taken some time, but with this result the effort has clearly been worthwhile” said Eric Gillespie, legal counsel.

SOURCE Eric K. Gillespie Professional Corporation

A key point in the decision was the concepts that there must be balance between preserving the natural environment and wildlife and the goals for “renewable” power generation.

The Ontario government has approved wind power projects in other areas where environmental protection is a concern.

Will the government of Ontario do the right thing and now cancel contracts for utility-scale wind power in these locations?

ToughonNature

Prince Edward County says local support must be mandatory for new wind power contracts

Municipalities vote for more say in wind power locations

NoMeansNo_FB (2)

May 25, 2016

Hard as it is to believe, with electricity bills soaring, hydro and nuclear power being wasted, and Ontario’s surplus power being sold at bargain-basement rates to neighbouring  U.S. jurisdictions, Ontario still plans to let contracts for 600 more megawatts of expensive, intermittent utility-scale wind power.

The new bid process begins later this year.

Although the Independent Electricity System Operator (IESO) claims the citizens of Ontario have a “say” in where these huge power projects — which result in considerable impact on the environment and communities forced to have them — they still can’t “say” NO.

In March, Energy Minister Bob Chiarelli said it was “virtually impossible” for a power developer to get a contract for wind power without municipal support—then the IESO announced five new contracts, three of which were in Not A Willing Host communities. One, Dutton Dunwich, had even held a referendum on the wind power bid, which resulted in a resounding 84 % NO vote, but a contract was awarded there anyway.

Now, more than 60 Ontario municipalities have told the Ontario government under Premier Kathleen Wynne that they don’t think that’s right — in future, the municipalities say, local or municipal support must be a mandatory requirement in wind power bids, not just a way to get more points in the bidding process for Large Renewable power projects.

Last evening, council in Prince Edward County voted unanimously to send that motion to Queen’s Park. The County is currently battling two high-profile wind power projects on the basis of the clear danger to wildlife, specifically the endangered Blandings Turtle and the Little Brown Bat. The County is also on the flyway for hundreds of thousands of migratory birds each spring and fall.

Among the cities and municipalities which have passed the resolution are the City of Kawartha Lakes (which is itself the size of a county) and the second largest city in Ontario and Canada’s Capital city, Ottawa.

“Communities have good reasons for not wanting these huge power projects,” says Wind Concerns Ontario president Jane Wilson. “Wind power represents high impact on the environment, both natural and social, for very little benefit. What’s worse, wind power on this scale has no benefit in actions aimed at climate change. Everyone wants to do what’s best for the environment —this isn’t it.”

A list of municipalities that have passed the motion to date is here.

Eagles fair game for wind power developers, says US Fish and Wildlife

Do the math on what the agency supposed to protect the  environment and wildlife in the U.S. is proposing–it’s a death sentence. But, wind is green, wind is good.

Wall Street Journal, May 15, 2016

By Robert Bryce

166 COMMENTS

The U.S. Fish and Wildlife Service, the agency charged with protecting bald and golden eagles, is once again trying to make it easier for the wind industry to kill those birds.

Two weeks ago the agency opened public comment on “proposed improvements” to its eagle conservation program. It wants to extend the length of permits for accidental eagle kills from the current five years to 30 years. The changes would allow wind-energy producers to kill or injure as many as 4,200 bald eagles every year. That’s a lot. The agency estimates there are now about 72,434 bald eagles in the continental U.S.

Let’s hope Judge Lucy H. Koh is keeping an eye out. Last August, Ms. Koh, a federal judge in California, shot down the Fish and Wildlife Service’s previous “improvements.” In a lawsuit brought by the American Bird Conservancy, Judge Koh ruled that the agency had violated the National Environmental Policy Act by declaring that it could issue 30-year permits without first doing an environmental assessment. Now the agency has drafted an environmental review and is still pushing for the 30-year permits.

Yet as Judge Koh noted in her ruling, one of the agency’s own eagle program managers warned that 30-year permits are “inherently less protective” and “real, significant, and cumulative biological impacts will result.”

A 2013 study in the Wildlife Society Bulletin estimated that wind turbines killed about 888,000 bats and 573,000 birds (including 83,000 raptors) in 2012 alone. But wind capacity has since increased by about 24%, and it could triple by 2030 under the White House’s Clean Power Plan. “We don’t really know how many birds are being killed now by wind turbines because the wind industry doesn’t have to report the data,” says Michael Hutchins of the American Bird Conservancy. “It’s considered a trade secret.”

The new rule could further harm golden eagles, which are rarer than bald eagles and are being whacked by wind turbines in far greater numbers. Mr. Hutchins says that the lack of protection for golden eagles is “the biggest weakness of this whole rule.”

Stunning double standard

The double standard is stunning. In 2011 the Fish and Wildlife Service convinced the Justice Department to file criminal indictments against three oil companies working in North Dakota’s Bakken field for inadvertently killing six ducks and one phoebe.

Now see how the agency treats wind: In 2013 it submitted to the Federal Register that “wind developers have informed the [Department of the Interior] and the Service that 5-year permits have inhibited their ability to obtain financing, and we changed the regulations to accommodate that need.”

Nine months after being rebuked by a federal judge, America’s top wildlife protector is still bending over backward to accommodate an industry that is killing iconic wildlife while at the same time collecting huge subsidies from taxpayers. If there’s a better example of regulatory capture and crony capitalism, I can’t think of one.

Read the full article here.

Mr. Bryce is a senior fellow at the Manhattan Institute. His latest book is “Smaller Faster Lighter Denser Cheaper: How Innovation Keeps Proving the Catastrophists Wrong” (Public Affairs, 2014).

Ontario citizens fighting to protect environment, communities from wind power push: WCO

More than one ‘tough guy’ needed to restore democracy in Ontario, Wind Concerns Ontario president says. We all need to be in this fight.

NoMeansNo_FB (2)

Responding to an opinion by farmer Ian Cummings in the April edition of Farmers Forum, Wind Concerns Ontario president Jane Wilson wrote:

We know that many citizens of Ontario are working hard to protect their communities, their families and yes, the environment from this government’s unfounded and unnecessary push for wind power projects in rural/small town Ontario.

Many people are spending hundreds of thousands of after-tax dollars to appeal wind power project approvals where there will be harm to the environment and risk to human health.

Mr. Cumming spins a colourful story but to suggest all that’s needed is a local tough-guy character to scare the wind power developers out of town is uninformed, unrealistic and frankly insulting to your readers and the citizens of Ontario.

What we have are huge, multi-national, multi-billion-dollar corporations which feel entitled by the current provincial government to bully their way into our communities.

There are no single heroes to chase them out of town: it takes all of us to insist on a return to democracy in Ontario.

Jane Wilson

President, Wind Concerns Ontario

Ottawa

 

 

Municipal support must be mandatory for wind power contract bids, says WCO

Communities have valid reasons for objecting to huge power projects but government is not listening [Photo: Prince Edward County]
Communities have valid reasons for objecting to wind power projects. Government is not listening [Photo: Prince Edward County]
May 4, 2016

Wind Concerns Ontario submitted a series of recommendations to the Independent Electricity System Operator (IESO) as part of the “engagement” process on the Large Renewable Procurement (LRP) process on May 3rd.

In a letter to IESO CEO Bruce Campbell, WCO president Jane Wilson wrote:

WCO has been involved supporting individuals and community groups dealing with wind turbines imposed on communities since before the Green Energy Act was enacted. We saw the government’s commitment in 2012 that it would only place wind turbines in communities willing to host them as a positive first step toward addressing the concerns of rural Ontario.  The results from the RFP I process, however, made a complete mockery of this policy. The Minister of Energy stated as recently as March 7 that it would be “virtually impossible” for a contract to be awarded without municipal support.  Yet, three of the five successful bids for wind turbine contracts in LRP I were awarded to municipalities that did not support the project.

The wind power contracting process shows no respect for Ontario citizens and communities, Wilson said.

The key issue is: neither the government nor participants in the procurement process have listened to valid community concerns or displayed any learning from problems created by the existing projects. Most people in rural Ontario seem to know more about the impact of wind turbines (economic, environmental, societal) than the people proposing projects, who continue to use outdated and limited information to support their proposals.  Far from streamlining the process, the Green Energy and Economy Act has created a confrontational environment.  Based on local activities such as municipal resolutions, public demonstrations and media stories, it is clear this situation is not going to change until provincial government agencies deal seriously with the problems that have been created by wind turbine projects to date.

WCO recommendations: let communities choose

The recommendations to change the RFQ and RFP process as well as the generic contract are driven by four objectives.

  • Activities within the process need to be consistent with the high levels of openness and transparency that the provincial government expects of agencies and municipalities.
  • Full disclosure of project information is needed to allow the community to provide meaningful feedback.
  • Mechanisms need to be included within the process to measure the responsiveness of proponents to input from the community.
  • The process needs to place value on and respect for community views on proposed projects.

Among the recommendations was the need for municipal support to be mandatory. “More than 90 municipalities have declared themselves ‘unwilling hosts’ to wind power projects,” says president Jane Wilson. “They have good reasons for that. But this government has no respect for Ontario citizens and their elected governments, who want to plan what is appropriate and sustainable for their own community.”

 

Highlights of WCO Recommendations:

Qualification of bidders

Failure to deliver past projects on time should result in disqualification of bidders

Inappropriate behaviours or actions such as clearing land that is habitat for endangered species while a project is still under appeal, should result in disqualification as a bidder

The qualifications of proponent team members should be evaluated: “experts” in noise and health impacts for example, should have appropriate training/education and proper professional credentials

 

Community engagement

“Engagement” should not be confused with “support”

Public meetings should be more accessible and greater in number, and take place before a municipality is called upon to determine whether it supports a wind power project bid

Communities need much more detail about projects than they were given under FIT or LRP I

Proponents should disclose and have available the full range of documentation on impacts of the proposal including impacts due to environmental noise (potential for adverse health effects), and effect on property value as well as other economic considerations (e.g., airport operations, tourism)

Municipal support must be a mandatory requirement in contract bids

Proponent engagement with Aboriginal communities should be subject to the same disclosure requirements as for other communities

Site considerations

IESO needs to do an independent technical review of proponent submissions

Municipal support

Full documentation should be provided to municipalities prior to bid submission, so that local governments can review the information and comment as to completeness and accuracy

Again, a resolution of support from a municipality must be a mandatory requirement for a bid in the RFP process

contact@windconcernsontario.ca

 

Does the Environmental Review Tribunal really understand “habitat”?

Massive clearing of vegetation in Prince Edward County wetland area prior to a stay motion being granted.
Massive clearing of vegetation in Prince Edward County wetland area prior to a stay motion being granted. Photo courtesy APPEC.

Statement from the Alliance to Protect Prince Edward County (APPEC) after the Environmental Review Tribunal decision yesterday, April 25.

Today the Environmental Review Tribunal issued a decision on APPEC’s motion for a stay on WPD’s proposed White Pines Wind Project.  The Tribunal has upheld APPEC’s motion in part, finding that vegetation clearing will cause irreparable harm to the Blanding’s turtle.  According to the Tribunal: “the Approval Holder’s vegetation clearing and site preparation activities in spring foraging habitat in the specific locations proposed for work in the Spring of 2016 will cause irreparable harm to Blanding’s turtles.”

While the Tribunal has put a stop to vegetation-clearing in the spring foraging habitat of these turtles it is silent with respect to the potential destruction of other types of habitat that are also critical to Blanding’s turtles, including their over-wintering habitat and oviposition habitat.  The decision does not bode well for these turtle which as we know use many types of habitats across the White Pines project site and depend on all of them for their survival.

For this reason we are disappointed.  We can only conclude that the Tribunal has an incomplete understanding of “significant habitat” and the importance of protecting all significant habitat, not merely one specific type.

The board is discussing the implications of the decision with our legal counsel and giving careful consideration to next steps.  More information will follow.

Regards,
Orville Walsh
President, APPEC

– See more including a link to the ERT decision at: http://savethesouthshore.org/ert-decides-in-favour-of-appecs-stay-motion-some-reservations-statement-by-orville-walsh/#sthash.K9g05Vu6.dpuf