Environmental Review Tribunal finds Settlers Landing project will cause harm to environment

Justice for the environment? We'll see...
Justice for the environment? We’ll see…

Next step is to hear from all parties on remediation
In a decision released today, the Environmental Review Tribunal has ruled that the proponent for the Settlers Landing wind power project near Pontypool Ontario will cause harm to the natural environment.

The Tribunal finds that engaging in the Project in accordance with the REA will cause serious and irreversible harm to plant life, animal life or the natural environment as set out in s. 145.2.1(2)(b) of the EPA. Specifically, the Tribunal finds that construction and decommissioning of turbines 3 and 5, and the access roads to turbines 2, 3 and 5, will cause such harm to a significant woodland identified as Woodland 11, including the habitat it represents.

The Tribunal also found that the Appellant did not have grounds for its appeal on harm to human health.
The next step, according to the Tribunal, is:

Consistent with the Ontario Court of Appeal decision in Prince Edward County Field Naturalists v. Ostrander Point GP Inc., 2015 ONCA 269 (CanLII), the Tribunal is providing a separate opportunity for the parties and participants to address the appropriate remedy and the Tribunal’s remedial jurisdiction in this case under EPA s. 145.2.1(4), which provides:
145.2.1 (4) If the Tribunal determines that engaging in the renewable energy project in accordance with the renewable energy approval will cause harm referred to in clause (2) (a) or (b), the Tribunal may,
(a) revoke the decision of the Director;
(b) by order direct the Director to take such action as the Tribunal considers the Director should take in accordance with this Act and the regulations; or
(c) alter the decision of the Director, and, for that purpose, the Tribunal may substitute its opinion for that of the Director.

A telephone conference is scheduled to determine next steps and timing in this matter.
Graham Andrews of Eric K Gillespie Legal Corporation was acting for the appellant.

What's your reaction?


  • Lynda
    Posted November 19, 2015 7:20 pm 0Likes

    Who is the ERT referring to when they say ‘Director’?

    • Johana
      Posted November 19, 2015 8:15 pm 0Likes

      The Director at the MoE is the guy who signs the Approval for the REA. He used to be a guy named Vic Schroeter; Not sure if Vic is still there or that there’s a new guy.

  • Jackie
    Posted November 19, 2015 7:34 pm 0Likes


  • ScepticalGord
    Posted November 20, 2015 1:33 am 0Likes

    Some developers of subdivisions in the GTA have their own special remediation to deal with protected trees and woodlands: pay off some low-life with a chain saw to start cutting at the crack of dawn and by the time the citizenry has washed their faces, had their coffee and figured out what’s going on, Goober says “whoops, somebody sent me to the wrong property to cut the trees”. The municipality says “too bad, so sad”, levies a token fine and says “gee, since the trees are gone, we might as well let the developer max out on the project so that we can reap the tax benefits … ”
    Or, in the case of the Settlers Landing Woodland, some unscrupulous person(s) could unleash a pack of porcupines to girdle the “significant” trees, and someone will be heard to say “too bad, so sad” …

    • Lynda
      Posted November 20, 2015 8:46 am 0Likes

      In a county where there is very little water and most wells are low yielding, the White Pines Project has been given the go ahead to use 55,000 gallons of water per day. What is that going to do to the water table? Talk about messing with the environment!

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