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

Comments

Parker Gallant
Reply

Yahoo! Fantastic news and everyone involved with special emphasis on Myrna & Cheryl are to be congratulated. And of course, thanks to Eric Gillespie for his role in being the legal mind that presented the many aspects of the objections in a legal format that has been properly interpreted by the legal system! Justice has prevailed!

Wind Concerns Ontario
Reply

We urge everyone to read the actual decision from the Environmental Review Tribunal. Although it states that the circumstances are unique to the Ostrander Point project, in fact statements in it apply to all, specifically the concept that the government’s push for wind power does NOT overrule other concerns, such as the need to protect the environment.
So many people had a hand in this fight which was begun by PECFN, including those who unearthed the report by MNR’s Crowley, the community who never flagged in their fight to protect for justice, and the people of Ontario who contributed to the legal action. (Which, for Prince Edward County, is not completely over)

Sommer
Reply

Congratulations. This is not only good news for the Blandings turtles but for the residents who will be spared this incursion.
Are you saying that a good lawyer could successfully bring forth the fact that these turbines can ruin the environment for human beings in close proximity?

Wind Concerns Ontario
Reply

The Ostrander decision brought back into play the Precautionary Principle, so, yes. But the human health aspect is a difficult test—they both are, and were crafted that way by the people who created the Green Energy Act.

Sommer

Given that the precedent has been set for the Precautionary Principle to be regarded as rationale for protection of the Blanding’s Turtle, the Precautionary Principle could also be acknowledged as the rationale to protect human beings from noise, low frequency sound modulations and infrasound radiation, if a lawyer was able to make the case, despite the alliances attempt when drawing up the Green Energy Act to prevent this from happening?

Barbara
Reply

Congratulations !!!

And who is the big oil company?

Gord Schneider
Reply

God bless everybody would stood up for this. Wonderful News!

notinduttondunwich
Reply

Yes!!! Congratulations to all involved ….. with many small victories we can win the war!!!

Pat Cusack
Reply

So happy!!!
Congratulations!!!

Andre Lauzon
Reply

God bless the fighters………..thank you for your time, efforts and courage.

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