July 6 is the final date for the proponent of the Ostrander Point wind power project to file an appeal of the Environmental Review Tribunal decision that revokes approval by the Ontario Ministry of the Environment and Climate Change.
Here is a summary of the situation by Charles Birchall of environmental law firm Willms & Shier. There is a lot riding on what happens this week, the lawyer says …
Wind Farms vs. Blandings Turtles — a decision at last?
On June 6, 2016 the Environmental Review Tribunal (“ERT”) released its decision determining the appropriate statutory remedy respecting the Director’s approval of the construction and operation of a nine turbine wind farm at Ostrander Point. The remedy hearing decision takes account of proposed mitigation measures for preventing serious and irreversible harm to the Blanding’s turtle population.
Summer is here. Trips and cottage time are being planned. Summer camps will be in full swing shortly. And, Canada Day is fast approaching.
As people prepare to spend a little less time in front of computers, iPads, and cell phones, it may be easy to miss an important date – at least in the context of the three and a half year battle over a renewable energy approval (the “REA”) issued by the Director, Ministry of the Environment and Climate Change (the “Director” and “MOECC”) on December 20, 2012, to Ostrander Point GP Inc. as general partner for and on behalf of Ostrander Point Wind Energy LP (“Ostrander”). The REA would permit Ostrander to install nine wind turbine generators (the “Project”) at Ostrander Point near Picton, Ontario.
July 6, 2016 is the last date on which Ostrander can appeal a decision rendered by the ERT to once again revoke the Director’s decision to issue the REA. This is the first REA appeal proceeding where an appellant has met the environmental harm test in s. 145.2.1(2)(b) of the Environmental Protection Act (the “EPA“) – namely a renewable energy project that will cause “serious and irreversible harm to plant life, animal life or to the natural environment”. It is also the first hearing solely on the matter of remedy in the history of renewable energy approval appeals in Ontario.
Read the full article here.