Quebec court: municipalities must protect citizens’ water

A municipality fighting back against a corporation has won its defence of a lawsuit, and its rights to defend citizens’ water has been upheld. The Precautionary Principle must be applied. This case will be important to Chatham-Kent area residents whose wells have failed during wind turbine construction activity.

March 1

Gastem continued Restigouche Southeast for $ 1 million to have adopted a regulation prohibiting drilling within 2 km of the sources of drinking water.

Oil and gas developer Gastem sued municipality Ristigouche-Partie-Sud-Est for $ 1 million for adopting a regulation prohibiting all drilling within 2 km of its drinking water sources. Photo: Radio-Canada

From ICI Radio Canada

Restigouche-South-East: Gastem dismissed

 

The Superior Court dismissed the motion of Gastem, which sued the Municipality of Ristigouche-Partie-Sud-Est for $ 1 million.

A text by Joane Bérubé with the collaboration of Sylvie Aubut and Ariane Perron-Langlois

The oil and gas exploration company claimed that the municipal by-law protecting drinking water had forced it to stop its exploration activities in the area.

In her decision, Justice Nicole Tremblay states that the by-law “is the result of serious work” and that “Restigouche must ensure the protection of watercourses in accordance with government rules”.

The judge ordered Gastem to pay Restigouche-Partie-Sud-Est $ 154,000 within 30 days of the decision.

The company will also have to pay $ 10,000 for part of the costs incurred by the Municipality to defend itself. The trial took place in September in New Carlisle, Gaspésie.

A relieved municipality

Restigouche-Part-Southeast welcomes with relief the decision of the court. For four years, the small municipality of 157 inhabitants tried to raise funds to finance his defense against Gastem. The Restigouche Solidarity campaign raised more than $ 340,000.

“Today, we raise our glass of drinking water to the health of Quebec’s water and to all those who supported us! “Said the mayor of Restigouche-Part-South-East, François Boulay.

According to Mayor Boulay, the bill for the expenses incurred by the Municipality amounts to $ 370,000.

The money that Gastem has to pay will be welcome. Should Gastem waive its recourse rights, the surpluses will be transferred to another case for drinking water in Quebec, says Mayor Boulay.

The Municipality, however, prefers to wait to hear Gastem’s decision on his right of appeal before disposing of it.

François Boulay, Mayor of Ristigouche-Partie-Sud-Est.

François Boulay, Mayor of Ristigouche-Partie-Sud-Est Photo: Radio-Canada

The case was very important for other municipalities, since it involved their power to legislate to protect drinking water. The judgment also contains several references to the duty of municipalities to protect the environment and the duty to subscribe to the precautionary principle.

Gastem’s reaction

Raymond Savoie, president of Gastem, says he is disappointed with the judgment. “We read the document, we try to understand; for the moment we are there, “says Savoie, who refuses for the moment to comment on the decision.

Mr. Savoie does not rule out the possibility that the company can appeal the decision, but prefers to wait for a more detailed analysis of the judgment.

In the region, Sylvain Roy, MNA for Bonaventure, is pleased with the verdict.

Impacts on other municipalities?

The deputy Roy believes that this is a “great victory for democracy and territorial sovereignty”. Mr. Roy hopes the decision will serve as case law for similar cases.

The lawyer of the Municipality, Jean-François Girard, is not surprised at the amounts that will pay Gastem in Restigouche-Part-Southeast. “We had,” he said, “very carefully pleaded the abusive nature of the appeal and the fact that it was up to Gastem to reimburse us for these costs. ”

The fact that the court recognizes this element of law is also very important, according to Mr. Girard. “It will force companies who want to sue municipalities to think twice if it is not legally sound,” he says.

For the lawyer, the victory is indeed that of a small municipality struggling with a pursuit that had no other purpose than to be punitive. “You have to think about it, there are 84 taxpayers in Restigouche! Says Girard.

The latter also sees the victory of the municipal world. “This judgment,” he adds, “recognizes the role of municipalities and the fact that municipalities can take up the cause according to the interest of their citizens, interest in the health and well-being of their population. . ”

Mayor Boulay also believes that the judgment brings very important elements on the municipal competences in environmental matters.

The president of the Quebec Federation of Municipalities (FQM), Jacques Demers, also welcomes the fact that the judgment reaffirms the municipal powers and their duty to intervene in the protection of the environment. “However, we must not forget that these powers must be exercised in compliance with the legislative framework in force,” says Demers.

Community group fights back on wind farm court decision

A Prince Edward County community group seeking a Judicial Review of decisions made by government to push forward an unwanted and unneeded wind power project has had all motions dismissed by an Ottawa court. They’re not stopping …

Sign in Dutton Dunwich: a judge says opposition to huge wind power projects is not seen outside Prince Edward County in Ontario

February 13, 2018

The County Coalition for Safe Appropriate Green Energy (CCSAGE-Naturally Green Inc.) last year filed for a Judicial Review of decisions behind the White Pines power project in Prince Edward County, and on the relationship between government and wind power developers.

Here is the latest news, from John Hirsch, CCSAGE director.

Status of CCSAGE Judicial Review Application

As readers may recall, CCSAGE filed motions at the Superior Court in Ottawa last June 14 and 15 regarding their Judicial Review Application.  The motions sought to protect CCSAGE from costs, and to compel the government agencies to produce the records of their decisions regarding the approval of wpd White Pines and the transmission lines. A motion was filed by OEB regarding their removal from the case.

In his decision on these Motions, issued on January 9, 2018, Justice Labrosse essentially denied all of CCSAGE’s requests but did allow OEB to be removed from the case.

CCSAGE has studied Justice Labrosse’s decisions and found them to contain numerous errors and misunderstandings.

Consequently, CCSAGE is appealing all the negative decisions to the Divisional court. The appeal is in the form of a “Notice of Motion to Vary”.

CCSAGE believes their arguments are sound and that the Judicial Review application is more important than ever. 

Read the documents here:

Divisional Court decision 15-2162: https://www.canlii.org/en/on/onscdc/doc/2016/2016onsc8147/2016onsc8147.html?autocompleteStr=15-2162&autocompletePos=1

(Editor’s note: for some reason the decision posted on CanLii is truncated at paragraph 53. Read the whole document here: https://gallery.mailchimp.com/d95b2b359d6e0c1d4df0bb8f7/files/c7d16b85-9dfb-49a0-b9eb-e80db4b5cc0c/Labrosse.pdf)

“Motion to Vary” CCSAGE: https://gallery.mailchimp.com/d95b2b359d6e0c1d4df0bb8f7/files/a7b8629c-5aa7-44bc-b979-ac80570f9f5f/Motion_to_Vary.pdf

No ‘significant opposition’?

Of special interest to Wind Concerns Ontario members, Ontario’s rural residents, and rural communities is the statement by Mr. Justice Marc Labrosse that the motion to have the case proceed as a matter of “general interest” was denied because — you won’t believe this — “It appears that the GEA and REA process have taken their place in this province without significant opposition throughout rural Ontario. I am left to infer that this is a local issue in Prince Edward County and that it is not of general importance.”

A “local issue”? The facts are:

  • almost every single wind power project in Ontario since 2009 (and some before that) faced an appeal by members of the ‘host” community
  • 116 Ontario municipalities, or about one-quarter of the total, have passed resolutions at Council demanding a return of the local land-use planning powers that were stripped by the Green Energy Act
  • More than 90 Ontario municipalities have officially designated themselves “unwilling hosts” to wind power projects
  • Several municipalities have engaged in legal battles with the government and wind power developers to retain rights under the Municipal Act, in order to protect their citizens
  • Several academic articles appearing in peer-reviewed journals (Stewart Fast et al, 2016) have noted the Ontario government’s failure to respond to community concerns over wind power projects
  • Wind Concerns Ontario is a coalition with about 30 member community groups and hundreds of individual and family members, that has been active since 2009

This decision, and the various machinations of the parties involved, can be seen in no other way but an attempt to see that once again, justice is denied to Ontario’s rural citizens.

Wind Concerns Ontario

Chaos on Amherst Island

Road closures on February 7: concerns about safety and violations of road use agreements [Photo: Brian Little]

February 9, 2018

Of course, one expects there to be a certain amount of upset when a community is in the midst of construction, especially such a huge project as the (unwanted, unneeded) wind power project on Amherst Island.

But residents there are deeply concerned over unscheduled road closures, road blockages and more. On Tuesday, a resident reports, roads were closed so that people could not leave their properties at all—questions were raised about access by emergency vehicles, should they have been needed.

In a recent report by Global News, residents state that unscheduled road closures have meant missed ferry trips to the mainland, but there is more. The local mayor says the wind power developer is actually out of compliance with agreements and contract conditions.

Loyalist Township Mayor Bill Lowry says he’s exhausted and frustrated that promises that were made to the municipality have been broken. He says residents are voicing their concerns to council but their patience is running out.

“How long do we have to take this, how long does the island have to take this? It’s been far too long, we’ve been three months of being out of compliance,” Lowry, told Global News.

“I’m in communication last week and this week with the IESO, which is the Independent Electricity System Operations, which are basically responsible for the construction of these energy projects. I’m so frustrated with the province in the fact that they don’t have a ministry that’s coming to our aid.”

In a statement to CKWS News, Windlectric Inc. says in part, “there is an agreed upon Operations Plan that sets out how to best build the project in a way that is minimally disruptive for area residents. Our goal is for all aspects of the project to run smoothly.”

Where is the Ministry of the Environment and Climate Change? Where is the IESO? Where is the Ontario Ministry of Labour?

Where are the government assurances of a better, safe environment for the people of Amherst Island?

 

#MOECC #IESO

 

Public has “no right” to know what’s in wind power contracts: IESO lawyer

Citizens packed a courtroom in Belleville Monday: too bad they were unaware they have no rights [Photo: Wind Concerns Ontario]
January 31, 2018

 

There were so many people attending the hearing at the Ontario Superior Court in Belleville Monday that there was a half-hour delay in the proceedings so a larger courtroom could be found.

That was just the beginning of the changes that day, as the Alliance to Protect Prince Edward County (APPEC) took on the Independent Electricity System Operator (IESO) over its awarding a new contract to Germany-based wind power developer wpd Canada and the White Pines project. The power project was diminished from 29 to 27 then nine turbines in various citizens’ appeals, and it was thought since the power developer had not only missed all its milestones stipulated in the contract it also now failed to meet the 75% of power required, the contract might be null and void.

That’s where things changed.

The public has “no right” to know what’s in multi-billion-dollar contracts that are the result of public policy. Not in Ontario. Not where “wind is green, wind is good” and citizens’ voices don’t matter, nor do communities, or democracy. No: instead, the IESO simply cut the developer a new contract. And the public? You have “no right” to know anything.

Our favourite quote of the day came from APPEC lawyer Eric Gillespie who said, “The contract [for White Pines] was made public, but some pretty important changes weren’t.”

Here is a formal report by APPEC.

APPEC Report on

APPEC v. IESO and WPD

Belleville Superior Court

January 29, 2018

Mr. Justice Kershman presided over the hearing of final submissions at the Belleville Courthouse.  The turn-out was excellent with Mayor Quaiff, Councillor Ferguson, Wind Concerns Ontario President Jane Wilson and about 75 County residents attending.  In fact, the Court Clerk was forced to find a larger courtroom to accommodate the crowd.

APPEC Final Submissions

Eric Gillespie began by pointing out that this case raises broader public policy issues of access of information from the IESO.  On June 12, 2017 APPEC contacted the IESO for information about the status of WPD’s FIT contract.  The IESO indicated in its reply that it could not disclose this information, citing confidentiality.  Mr. Gillespie argued that this information should have been disclosed for the following reasons: (1) the IESO describes the FIT program as a standardized, open and fair process; (2) APPEC and Ontario communities are affected by the FIT Program; and (3) the information APPEC was seeking, and the IESO withheld, could not have been confidential at all as it was ultimately disclosed to the Court in November 2017.

Mr. Gillespie clarified that contrary to what the IESO contends, this is not about how to interpret clauses in the FIT contract.  The clauses are negligent misrepresentation, in that APPEC was led to believe that the generation capacity of the White Pines project could not go below 75% of the generation contracted for in 2010, when the FIT contract was signed.  The central issue for APPEC is that information that became known to the IESO was not made publicly available.  The IESO had a choice, when it became clear that WPD could not meet the 75% condition in the contract.  It could have said that things had changed, that WPD’s FIT contract would need to be amended, that WPD was in default of contractual milestone dates, etc.  Mr. Gillespie noted that it’s what the IESO and WPD did with their choices that has brought us here today.  WPD’s first public announcement that it was proceeding with the 9-turbine project was September 21, 2017.  The IESO informed Councillor Ferguson that it had agreed to amend the FIT contract on October 12, 2017.  APPEC only obtained the information it had sought in June when the IESO disclosed it to the Court on November 30.

IESO and WPD Closing Submissions and APPEC’s Reply

Alan Mark, IESO’s legal counsel, criticized APPEC’s “assumption” that it has some right to insert itself into the contractual relationship between the IESO and WPD.   Mr. Mark stated that any rights are owed exclusively to WPD, the IESO’s contractual partner; there’s nothing in the statutory framework that gives APPEC “the right to anything”. Mr. Mark went on to suggest that a contract is just a statement at a point in time with no guarantee that it won’t change in the future and members of the public don’t need to know about that either.   Mr. Mark added that “with all respect to APPEC, APPEC is just made up of members of the public that feel strongly about wind power projects.”

Mr. Mark indicated that the IESO has made no representations to APPEC at any time, so it could not have made a negligent representation. When Judge Kershman asked whether APPEC’s allegation is that the IESO made a representation in 2010 that the Project would not be able to proceed if the project’s generation capacity fell below 75%, Mr. Mark responded that this isn’t the case APPEC is making.

Mr. Mark noted a statement in the Skypower Decision that the FIT contract is a bilateral commercial contract between two parties. Mr. Gillespie noted that in the same Skypower Decision, Judge Nordheimer rejects this characterization of the FIT program, and says that the suggestion that this is a commercial nature entirely and not a matter of public policy is fictional.

Mr. Mark said that APPEC had all the information it needed and ignored this information at its peril.  In reply, Mr. Gillespie asked why APPEC would base its ERT appeal rights on a complete unknown, i.e., would the IESO amend the FIT contract, or not?

Patrick Duffy, legal counsel for WPD, also took up the argument that APPEC had no right to insert itself into the contract between the IESO and WPD. Mr. Gillespie replied that if that was so, then why did the IESO make FIT contracts available on its website for public viewing in the first place?  Mr. Duffy stated that the terms “open” and “transparent” only apply to FIT Program Applicants, not to members of the public to which Mr. Gillespie replied that we still have not been told what there was about the information APPEC sought that was privileged.  Mr. Duffy noted that  FIPPA (Freedom of Information and Privacy Act) is the law that applies to disclosure.  However, Judge Kershnan reminded Mr. Duffy that Mr. Gillespie had already noted in his submissions how long the FIPPA process takes.  Mr. Gillespie also noted that there was nothing in any of the other Party’s materials about FIPPA.

Mr. Gillespie concluded by noting the right of County residents to natural justice and procedural fairness. The IESO has not told the whole story to the community that will be affected by the White Pines wind project.

Justice Kershnan thanked the Parties and stated that he would reserve his decision. The hearing was adjourned at about 5:30 p.m.

***

To learn more, or to donate to APPEC’s legal fees, please visit their website here: https://appec.wordpress.com/

Unnecessary hardship: community groups speak out on legal action vs MOECC

Citizens’ groups head to court over MOECC failure to protect safety, health

January 29, 2018

Following the announcement last Thursday that four citizens’ groups* in Ontario are taking legal action against the Ontario Ministry of the Environment and Climate Change (MOECC) over the noise from planned wind power projects, the groups involved have issued statements relative to each of their own local situations.

“We’re not taking this step lightly,” commented Bonnie Rowe, spokesperson for Dutton Dunwich Opponents of Wind Turbines, the applicant in this suit. “We estimate that these five proposed wind power projects will be out of compliance with noise levels as soon as they go online. In the Dutton Dunwich case, the majority of the proposed turbines, as well as the transformer, will likely produce noise over the MOECC maximum allowable levels. That is just unacceptable, especially to the many citizens living nearby, who will be forced to endure that noise.”

 “The Concerned Citizens of North Stormont are in complete support of this legal challenge,” said spokesperson Margaret Benke. “Protection of the health and safety for more than 1,200 local residents is our main concern. We feel that the MOECC must be held to account.”

Julie Leroux, spokesperson for Save the Nation, says “By allowing the construction of the Eastern Fields project and using only outdated noise regulations, the MOECC would deny protection of health and wellbeing for hundreds of local residents, for the next 20 years. We strongly feel that this is unacceptable.”

“Based on what information the public has been provided so far, it appears most of the turbines [in the Otter Creek project] will be out of compliance” said Wallaceburg Area Wind Concerns spokesperson, Violet Towell. “We believe many Wallaceburg and area citizens will suffer unnecessary hardship if this project is allowed to continue, and we fully endorse this judicial review.”

For more information on the legal action, contact lawyer Eric Gillespie at 416-436-7473 (phone/text)

 

See a news report from the CBC here.

 

* The four community groups launching this legal action are members of the Wind Concerns Ontario coalition

 

 

Wallaceburg citizens demand public meeting for answers on Otter Creek wind power project

With few details on how a fragile geology will be affected by wind turbine construction, and no information on noise assessments of turbines that are just prototypes, citizens are worried about water supply, health and safety

Water from Dover area wells showing sediment. The same geology is present for the Otter Creek project. [Photo: Sydenham Current]
January 21, 2018

 Wallaceburg Area Wind Concerns

News Release

Community Group demands a reset of the Otter Creek application

Citizens’ group Wallaceburg Area Wind Concerns (WAWC) has asked the Ministry of the Environment and Climate Change (MOECC) to halt the Otter Creek application process until all the missing data is complete, to follow the REA process for public input, and to hold another public meeting to present this information to the community.

The group sent a letter to the MOECC Tuesday via its lawyer.

Executive members of WAWC met with representatives of power developer Boralex and members of CK council December 7. At that meeting, WAWC learned that the noise assessment data for the as yet untested Enercon turbines was not complete, and there was no timetable for when it would be available.  Boralex also indicated that the developer is considering another option for the turbine foundations, and that geo-technical testing was being planned, but again there was no date for the testing.

“We’re very concerned that there is not enough information for two critical aspects of this power project, noise and the foundations,” says Violet Towell , WAWC spokesperson. “We have asked repeatedly for the facts about the effect of the noise from these huge turbines on residents, and what the impact on water wells will be from construction and vibration during operation.”

In spite of the lack of information that is clearly required for the Renewable Energy Approval for this power project, requests for a public meeting have been denied.

Last week, residents in the Wallaceburg area were shocked to learn that pile driving had begun at a number of sites for the Otter Creek project. The developer had sent letters to a handful of residents with limited information and even more limited notice.  Most of the larger community was uninformed of the activity by Boralex.

WAWC has questioned the choice of project site in an area where the soil conditions are not conducive to wind turbine construction, and also so near a town of 10,000 people. The developer’s response to WAWC was to confirm that the site was “far,far from ideal” but the company proceeded because Chatham-Kent was so accommodating.

“The Otter Creek power project must not be approved until residents of our community have accurate information about this project,” says Towell.   “There are many compelling questions not answered, key information that is missing, and changing project details. In order to protect our health, our homes and our community, we want answers now.”

Contact: WAWC@kent.net

Wind power exec accused of defamation against expert witness

October 28, 2017

Citizens of Dutton Dunwich oppose the Invenergy wind power project: is the company engaging in slander in the U.S.?

A qualified professional real estate appraiser in Illinois alleges that an executive with U.S. wind power developer Invenergy is conducting a campaign of defamation and slander against him, in an effort to have him disqualified from testifying as an expert witness on wind turbines and property values.

Michael McCann wrote a letter on October 20th to the County Supervisors in Palo Alto, Iowa, to counter statements made about him by the Invenergy employee, Michael Blazer, who is both a company vice-president and chief legal officer.

Apparently, Blazer filed an online complaint with the Illinois licensing board that governs the practice of real estate appraisers in that state, then took a screenshot of his complaint and filed that as proof that Mr McCann was “under investigation” by the licensing board. There was no public documentation of any complaint.

The Illinois Department of Financial and Professional Regulation did process the online submission but found it to be without merit, and dismissed any complaint against Mr. McCann. His license is not in fact under review.

Nevertheless, McCann alleges in his letter, months later Invenergy and Blazer continue to repeat the story that McCann is under suspicion, in an attempt to prevent McCann’s testimony about “injurious” effects of the presence of wind turbines on property values.

“This was a blatant attempt by an Invenergy officer and attorney acting as complainant, judge, jury and firing squad to advance his corporate interests by sullying my reputation, and apparently to try to prevent me from testifying regarding my well documented findings regarding the significant impact of wind turbines on neighboring values.”

Read the letter by Michael McCann to the Palo Alto County government here. McCann letter to Palo Alto County Iowa October 20 2017  Mr. McCann is currently seeking legal advice on future actions.

“This attempt to discredit an expert witness by a wind power developer is very worrying,” says Wind Concerns Ontario president Jane Wilson. “It is hard enough for ordinary citizens and community groups to achieve any kind of justice against these huge, wealthy power developers, without active campaigns to slander and discredit witnesses.”

“Gasping in despair”: Ontario’s rural communities, victims of Wynne government wind power cabal

In aiding wind power corporations, the Ontario government has essentially released wild dogs onto Ontario’s landscape without oversight, or means of bringing them to heel

“To despoil the environment. To slaughter endangered species. To make folks sick.” From the independent Wellington Times, a powerful overview of what the McGuinty-Wynne governments have done to Ontario while aiding huge corporations to build wind power plants

 

Ontario gothic

Posted: October 6, 2017 at 9:03 am   /   by   /   comments (4)

It begs the question: what was Kathleen Wynne and her government smoking when they let loose their own man-made monsters across rural Ontario—in the form of industrial wind developers and speculators?

Even if you buy the sentiment that their motivations were well-intentioned, the undeniable outcome of the Green Energy Act is that Kathleen Wynne and Dalton McGuinty have spawned armies of amoral monstrous corporate creatures and have let them loose to roam unfettered across the province. To wreak havoc in rural communities. To despoil the environment. To slaughter endangered species. To make folks sick.

Worse, our government has paved the way, clearing hurdles and slashing regulations to enable these creatures to prey upon vulnerable communities, natural habitats and endangered species. Now they have lost control of their grotesque creations. Even Kathleen Wynne must know how this story ends.

Near Chatham, folks believe the wind developer working nearby has poisoned their wells—allowing toxins into their drinking supply. They have done the testing. They have spoken out. They have protested. Marched on Queen’s Park. Kathleen Wynne has ignored them.

Wynne, her government and her supporters comfort themselves believing the scourge they have unleashed—though ugly and abusive— is a necessary evil. That the greater good is being served. They ignore the folks holding up jars of black liquid, pleading with the province to test their water, drawn from wells that have become undrinkable since the wind developer began driving piles into the bedrock to secure its massive wind turbines. Even Chatham- Kent’s mayor has demanded Kathleen Wynne intervene to protect these residents. It has made no difference.

Left without the protection of the province—without the safeguards that would protect them from any other development— these folks took matters into their own hands. In August, they began blockading the construction site— neighbours joining together to form a line against the threat to their drinking water.

On Monday, in a cruel blow, the developers— a Korean conglomerate and its American partner—won a court injunction barring any further blockades of the project. The judge said he wasn’t trying to muzzle opponents, but to “prohibit unlawful acts”.

People have to prove their water has been poisoned

In Ontario’s perverse hunger for industrial wind turbines, it turns out Chatham-Kent residents must first prove they have been poisoned by the developer, before they may seek justice. By then, of course, the damage will have been done. Recourse will expensive and, for most, unattainable.

Four years ago, the giant American wind developer Next Era sued Esther Wrightman for defamation. On her website she had altered the company’s logo to NextError and Next Terror. They wanted the logos removed or they would litigate the mother of two young children into oblivion. All these years later, the legal action is still pending. Wrightman wakes up every morning with the weight of this action still weighing on her head.

In Prince Edward County, a wind developer has been barred from constructing a nine-turbine project near Milford between May 1 and October 15. This was done expressly to protect the nesting grounds and habitat of the Blanding’s turtle, an endangered species in the province.

Nevertheless, crews have been busy these past few weeks clearing vegetation, preparing the site and delivering heavy equipment onto these protected lands. There are no consequences for ignoring the rules.

Families have left homes–no one will help

So, a developer ruins drinking water without penalty, another bullies a young mother into silence, and yet another crushes rules meant to save an endangered species. This is our Ontario. There are dozens more distressing stories just like these. Too many sad accounts of families forced to leave their homes because the noise and vibration from the massive machines proved intolerable.

No one is coming to help the folks in Chatham-Kent. No one from our government—those we entrust to protect us—is intervening between Next Era (market capitalization of $68 billion) and Esther Wrightman. And no one is coming to protect endangered species in South Marysburgh.

Wynne has lost control of her destructive and unscrupulous brutes. When the Liberal government eliminated the safeguards that once protected us from these threats, and cut municipalities and communities out of decision-making, they may have believed they were just streamlining processes. Instead, they unleashed wild dogs onto the Ontario landscape without oversight or the means to bring them back to heel.

Untethered by moral, ethical or community concerns, these corporate beasts consume and ravage everything they can get away with. Folks who have fought for years to protect the things our government was supposed to safeguard, have been left gasping in despair. Lacking legal remedies or protection, some have begun considering other means to protect their families, their communities and their land. If the government won’t protect them, they will do it themselves.

This is the horror Kathleen Wynne and Dalton McGuinty have wrought.

 

rick@wellingtontimes.ca

 

Black well water protest continues in Chatham-Kent

September 6, 2017

Residents of Chatham-Kent who are concerned about reports that as many as 12 water wells may have been affected by pile driving activity during construction of the North Kent II wind power project continue their demonstration at the site today.

The power developer filed for an injunction against them last week, citing concern for the safety of construction workers. The demonstration has been peaceful, and was conducted through the Labour Day holiday weekend.

The campaign has been organized by local community group Water Wells First, which filed an appeal against the power project. The appeal was withdrawn when the appellants were not allowed time to have experts review a hydrology report submitted by the developer.

Chatham-Kent has asked the Ontario government to halt construction until the situation has been reviewed, and property owners affected have been offered free water testing by independent laboratories.

The Ministry of the Environment and Climate Change has taken no action.

For more frequent updates on the demonstration, please check on our Facebook page, and/or at Water Wells First.

Wind developer threat spurs emergency council meeting in Prince Edward County

Power developer threatens legal action while contract status is in doubt. Citizens are rallying [Photo Wayne Prout]
The Canadian Wind Energy Association or CanWEA, the wind power trade association/lobbyist/influencer has a document on community engagement for its developer members in which it advises, people have a right to object to your project.

Germany-based power developer WPD seems to have missed that page. Not only has the company faced the fact the community in Prince Edward County by and large does not want a huge wind power development as evidenced by a Not A Willing Host designation and numerous resolutions at council, but it has also seen its project decline from 29 turbines to 27 then virtually razed of 18 more by the Environmental Review Tribunal.

Undaunted in its quest for revenue from its rich contract with the Ontario government, the company now threatens to begin construction on the remaining nine turbines on Sunday, September 10. And in a move tantamount to walking into a room and putting a gun on the table, WPD sent a letter to Prince Edward County Council threatening legal action and substantial costs should the municipal government try to obstruct its project.

Mayor Robert Quaiff has called an emergency meeting at Shire Hall in Picton on Thursday at 1 PM, and Councillor Steve Ferguson is hosting a Town Hall in Milford, next week.

Here is a notice from the Alliance to Protect Prince Edward County:

Update on White Pines wind project in Prince Edward County

The Tribunal’s decision of last April to remove 18 turbines from the White Pines wind project — two thirds of the total Project — seems not to have deterred wpd in the slightest.  On the last day of July wpd served Notice to the County that it intends to start construction on the 9 remaining turbines in the project as of Sunday, September 10th.  

In response to this Notice, South Marysburgh Councillor Steve Ferguson is calling a town hall meeting in Milford on September 5th to provide information about the wind project and to answer questions about the project’s implications to Milford residents and the surrounding area. Mayor Robert Quaiff and other Council members as well as municipal staff, will be on hand to answer questions.   

Also on the meeting’s agenda is a Notice of Dispute that was issued to the County on August 23.  wpd has given the County 10 days response time on a number of permit applications that were delivered to the County along with the Notice:  

“In accordance with the terms of the RUA (Road Users Agreement), please advise of your decision on these applications within 10 days of this correspondence. . .The County’s failure to issue the permits to which wpd is entitled under its REA (Renewable Energy Approval) will be taken by wpd to be an act of bad faith and an attempt to frustrate its wind energy project.  If we do not hear from you on or before September 7th, 2017, we will engage our external counsel to take all steps necessary to enforce our rights before the Divisional Court on an urgent basis and to seek our costs for doing so.”

 

While wpd blusters about others’ bad faith, its own actions tell a different story.  

The company made no effort to comply with the REA condition to set up a Community Liaison Committee within three months of receiving its REA and has made no effort in the two years since receiving the approval. 

To make things worse, wpd has wrapped itself in a cloak of silence.  All pretense of public consultation has been dropped.   wpd now declines to respond to any questions from members of the public.  While everyone realizes there must be major repercussions after such a significant down-sizing, everything is now handled by wpd out of the public eye. 

This has only fuelled speculation about the status of wpd’s FIT (Feed-In-Tariff) contract, the OEB approval for leave to construct a (now non-existent) 28-kilometre, 69-kv transmission line, the change from a transmission to a distribution project and all that involves, Hydro One’s potential involvement and rumours that wpd may be opting to hang power lines above-ground on poles in direct contradiction to their REA commitment to bury the lines (with two minor exceptions where overhead lines were required).  

 

As September 10th draws closer, members of the public of Prince Edward County are looking for answers.