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We are appealing the Nextera project known as Conestogo Wind LP, a 10 turbine project in Mapleton Township, County of Wellington. Our appeal to the ERT is based on the following issues:
- Harm to human health including (but not limited to) sleep disturbance, annoyance, stress, headache, tinnitus, ear pressure, dizziness, vertigo, irritability, problems with concentration and memory, panic episodes and interference with the quality of life
- The project can cause harm to human health if the MOE cannot properly predict, measure or assess sound from turbines, including low frequency noise.
Below is a copy of our notice of appeal, which sets forth our issues.
Once our appeal had been filed, we also learned that the Haudenosaunee Development Institute (the First Nations) had also filed an appeal of the project for their own purposes.
On January 30, 2012, motions by all parties were heard by the ERT for the following:
- Motion by Preserve Mapleton Incorporated to adjourn the ERT proceedings pending the outcome of a judicial review of the Ministry of the Environment. The judicial review claims that the MOE did not follow its own regulations when issuing the REA to Conestogo Wind LP. The attached copy of the “Factum of Applicant” sets forth our issues with the MOE. On January 31, 2012, the ERT granted the motion for adjournment until a formal judicial review is held. The hearing for the judicial review will be held at Osgoode Hall, Toronto, on April 2nd, 2012.
- Motion by Conestogo Wind LP to focus evidence:
a) Rather than calling on the 22 witnesses provided in our witness list, that only one “appropriate qualified expert witness” be allowed to provide testimony on behalf of all 22 and;
b) Rather than calling on the 14 individuals who live next to the Conestogo project, that their concerns be expressed through one person who is designated with “presenter” status through a spokesperson who will not serve as a witness.
The exact motions filed by Conestogo Wind LP were duplicated and filed by the MOE, whose lawyers were working very closely with the Nextera lawyers during the proceedings. The motions to focus evidence were adjourned pending the judicial review.
Motions were also filed by the Haudenosaunee Development Institute including one requesting a stay, for which the ERT’s decision has been reserved.
For a copy of the motions that were heard and the ERT’s decisions, please go to the ERT website. We are currently in the process of preparing affidavits and going through cross examinations for our judicial review and are very optimistic. With the ERT’s decision to grant the adjournment, our group has been given the opportunity to hold the MOE accountable for its procedures in following the Green Energy Act.
Legal challenges, however, are an expensive endeavor and we hope you will support our attempt to keep turbines out of Ontario by donating to our legal challenge. Donations can be made by mail by completing and mailing the donation form (link above) or by Visa/Mastercard through PayPal.
Although the legal process is time consuming, we will do our best to keep our supporters and allies updated in our legal challenge.
Preserve Mapleton Incorporated