Ostrander Point Wind Project Appeal: Approval REVOKED!!!!!!!

The Environmental Review Tribunal has allowed the appeal of the Ostrander Point Project by PECFN on grounds of serious and irreversible harm to the natural environment, and has revoked the approval of this project by the Director, Ministry of the Environment.  FANTASTIC!

Excerpts from the decision:

“[630] The Tribunal finds that mortality due to roads, brought by increased vehicle traffic, poachers and predators, directly in the habitat of Blanding‟s turtle, a species that is globally endangered and threatened in Ontario, is serious and irreversible harm to Blanding‟s turtle at Ostrander Point Crown Land Block that will not be effectively mitigated by the conditions in the REA.

“[645] The appeal of PECFN is allowed under s. 145.2.1(5) of the EPA.” Read article

43 thoughts on “Ostrander Point Wind Project Appeal: Approval REVOKED!!!!!!!

  1. This is a huge victory for the people and flora and fauna of Prince Edward County. But my heart sags that it wasn’t the complete victory that would have shut down wind turbines across the province. This battle has been going on for so long. We must press on to the end, and eventually the battle will be won. WWll was a series of many battles on the way to the final victory.

  2. Thought the Blanding’s turtle could be the grounds for not allowing this project as the harm to this species was provable. Just an internet search on this species should have raised warning signs.
    And what the MNR was going to allow was so contrary to what Parks Canada does to protect this species shows that this should never have happened to begin with.
    The situation that remains is who are the parties that allowed this to happen?

    • Read the decision. It shows how tough it is to prove health effects. Are they real? Doesn’t matter to a court — unless you can show irrefutable evidence.

      All along I have said that it would not be possible to win (easily or at all? not sure..) on health.

      You might be able to win on noise levels as they are seen to be an objective standard. But then you need to be able to establish a wide grid of sensors in an operating system. Then you could measure the pressure waves and do noise calculations in real time.

  3. It is much easier for them to revoke on the grounds of harm to the rare Blandings turtle, than it would be to find harm to human beings, who are already being harmed in great numbers, and unlike the Blandings turtle, can sue for damages. We must press on with our fight, because proof of harm is being proven all the time, and the numbers of victims, are getting to be so overwhelming, that they can no longer be denied, or ignored.

    • In a way it’s a victory that they did not rule on health effects. First time victims got to testify as well!

      • How many have read the transcript notes at http://www.ertnotes.wordpress.com?
        The appeal was based on two things which were environmental and health.
        The environmental part was birds and Blanding’s turtles.
        CanWEA & AWEA and others did not publish anything on Blanding’s turtles but they have on birds.So no “information” to present. at any hearing. Couldn’t confuse the issue.
        What was proposed to be done about the turtle situation was so at odds with what Parks Canada.does to preserve this species that the panel could come to a clear decision.
        Much more difficult for the developer appeal this Blanding’s turtle ERT decision and win with the scientific evidence in favour of the turtles.
        This panel stood up against proponents with huge financial backing and influence.

      • “This panel stood up against proponents with huge financial backing and influence”.

        What has this tribunal panel got to loose?

        It’s a good government sponsored job with no blow-back from the wind proponents, however well-healed and influential.

        However, if they disagree with the government’s position too often, which seems to be very rare, they’ll find themselves in the same dog house as Paul Godfrey, and you know what happened to him.

  4. Watch out cause we be dealin with a serpent. Tryin in to buy votes. Watch your backs and DON’T TRUST THE FIBERALS. Wnne er. (Wanna be) is setting herself up for the kill. She will deliberately set a new election as soon as they get back to QP in the fall. NO LIBERAL VOTES. Please I beg.

    • A lot has changed. Were the MNR employees incompentent or were they overruled? Or is it both?
      It is the process of how this contract was awarded that is important here. Now there may be information in the records that can be traced back to determine how this contract was awarded.

      • Barbara, I’m going to borrow your comment. I have a use for it. Thank you.
        Often I learn as much in the comments as in the articles.

  5. Don’t knock it folks! Considering the wind energy steamroller against any and all appeals in the past this is a huge victory. We should be applauding all the work and effort put into the appeal, by folk just like ourselves, that brought about this result.
    Does it suddenly transform the MoE into one of the ‘good guys’? Of course not, they remain as corrupt as the government they represent with regard to green energy and will continue to approve projects.
    But pressure from the ordinary Ontario rural resident has at last made them publicly admit they can be wrong. One tiny step that shows, at last, that they are beginning to realize they are on the wrong side.
    The Blandings Turtles deserve this small victory and we should all be pleased. After all we all know that by opposing wind energy we are far more environmentally aware than the likes of Suzuki et al.
    So now we should accept this small victory, in the scheme of things, and increase the pressure to demand the MoE show how a relatively small community of Blandings Turtles can be judged as more important than the hundreds of rural Ontario communities that have already been negatively impacted!
    Andrew Watts

    • Andrew – I didn’t see your post until just now. I Really like you bit about the turtles being more important than us _I hadn’t thought of that – not that we begrudge the turtles anything – lol – but it would be nice if we got similar consideration.

  6. How about if we stop whining for a few minutes while we celebrate the VERY FIRST VICTORY!! WOOT! WOOT!
    And also, lets offer huge congratulations to the two groups who funded and fought AND WON this battle, and their lawyer – Eric Gillespie (was there another lawyer involved?) – and everyone who was involved in any way.
    Note to wind companies, Ont Gov’t, MoE, MNR, and other windwhores… it’s been a long hard fight – some of us were getting tired and discouraged. We’ve just been re-invigorated.
    Let the battles continue.

    • I was going to comment but Andrew and Bob have pretty well said it all.

      Congratulations to everyone who helped achieve the positive outcome at Ostrander Point.

  7. This is a bloody joke. The ruling is a pathetic one. Turtles are valued more than the people of Ontario! Well HELLO?!
    You guys give yourselves a pat on the back for paying for this tribunal. You have saved your propert from decreasing in value. On the other hand, the turbines are being installed in Ontario fast and dirty. It would be so unfortunate if your child, grandchild, parent, a loved one, suffer from the ill effects of exposure to low frequencies emitted from the industrial wind turbines. People are dying…Yes that’s right folks, D E A D! Would you like a list of my dead neighbors?! Harsh reality should not be ignored.
    Hooray! The turtles live!!!lmao what elsecan I say? I am embarrassed to disclose I am an Ontarian. Shame on the Environmental Tribunal panel. Your decision certainly will result in the death of more people ight before your eyes! Criminal.

    • I don’t know who you mean by “you guys”.

      I can’t speak for the other two gentlemen (Andrew and Bob), but I will say this: my property values are just fine, thank you, and I don’t need to pat myself on the back.

      I don’t own any real estate in PEC or any other place that is threatened by IWTs, but I contributed rather substantially to both the APPEC and PECFN appeals because I detest the idea of IWTs being foisted on anyone, anywhere.

      We won one decision and lost the other. Unfortunate, but that’s reality.

      Any victory in this one sided war is worth celebrating, and I’m going to do just that.

      • Thanks for being skeptical, Gord. Too few of us are.

        But the fact that this tribunal rejected health concerns is disappointing. I don’t think we could do anything more than we did. Time to take the fight outside the Tribunal…

      • I’m of the opinion that all ruling parties are afraid to be the FIRST to officially declare IWTs a health concern as it would surely set a precedent and open the flood gates to a multitude of lawsuits.

        And, all ruling parties, regardless of their own stand on the matter, have connections to someone, somewhere, that would be affected negatively by those lawsuits.

    • I agree with Gypsy ! , its a joke .
      Nothing but dangle a carrot on a string in front of people and lawyer noses.
      I would say the ERT panel first considered how many other wind turbine
      projects are threatened or are in serious harm by Blanding Turtles? none?
      We will give them this one.

      • This ruling has opened the door for investigations to begin as to why this contract was awared despite the scientific evidence against allowing this contract to begin with.

      • Barbara , it hasn’t opened any door . Who is going to pay for these investigations and who will have any authority to do the investigations and when will the investigations be done ? 2014! like the health study.
        Everything is done to delay and control the people.

      • The PC MPPs could start asking some questions as to how & why a contract was awarded in the face of scientific evidence that IWTs should never be installed at OP.

  8. But – this one is good.

    It’s humiliating – and, Northland Power is laughing.

    (February 10, 2011) – Mnidoo Mnising Power (“MMP”), a company formed by the United
    Chiefs and Councils of Mnidoo Mnising First Nations(“UCCMM”), has entered into a 50/50 partnership
    with Northland Power Inc. (“Northland”) (TSX:NPI) to develop the McLean’s Mountain 60 megawatt
    Wind Farm Project, located on Manitoulin Island in Lake Huron.

    “The United Chiefs and Councils of Mnidoo Mnising are committed to the thoughtful and responsible
    development of our natural resources, where our families’ needs are addressed and that provides a
    better future for our young people,” said UCCMM Tribal Chair Chief Shining Turtle.

    “Our shared
    ownership with Northland Power is an important model of how First Nations can work closely with the
    private sector and government on something that both benefits our people
    and supports the Province of Ontario’s leadership in renewable energy.”

    “Northland is proud to continue to expand its relationships with First Nations,” said Northland CEO John
    Brace. “We see First Nations and community partnerships as central to our growing portfolio of clean
    and renewable energy projects. McLean’s Mountain and future projects will provide energy to Ontario
    and resources to strengthen UCCMM communities, while respecting our environment.”

    Northland Power Victory!

  9. Positive! Thinking positive! Think of the many jobs that will be created by the green energy projects! The health care system will drastically expand to keep up with the growing number of people who experience negative health effects from exposure to lfn. The funeral business will also pick up. Truth is, the number of heart disease, diabetes, and dementia cases of those living too close to industrial wind turbines has increased at an alarming rate. It doesn’t take money or a study to figure this out.
    Here’s an idea, a “death tax” and a ‘birth tax”! Hospitals, medical centers, nursing homes will need to be funded.
    In the long run, population will be decrease. Those less fortunate and of lower intelligence will die off, leaving the elite to run the province and live their idea of a perfect life.

  10. The tribunal catered to OPs turtle puckey as to keep OP people happy (these people have money and may continue the fight should the decision had not been to revoke.. At this stage it is important for rhe tribunal to stay clear and not deal with the biggest and most important issue, negative health effects caused by lfns. Ostrander Point will leave the decision as is. They have what they really wanted.
    Gord, you invested in the turtles! That is very honorable of you.
    Would some of you please invest your money to help the people who have vacated their homes and suffering ill health effects? Something wrong with this picture?
    I am glad my participation in the OP tribunal contributed to the decision to protect the environment of the Blanding’s turtle. I am just devastated that my efforts did not save others from the inevitable, negative health effects as I have experienced. It especially breaks my heart to know young children, who have their whole lives ahead of them will suffer the fate of a wind turbine victim as well. Life isn’t fair. So I pray, for all of us. If anything, please pray with me.

    • One of the obvious problems was that those who testified were all adults within a certain age group. Chronic health problems were revealed in their medical records that existed prior to IWTs There were no young people who would fall into a group defined as those too young to have developed chronic health problems and with the startup of turbines developed health problems. No children’s health records were included either.
      These younger groups need to be included for an overall picture.
      Very sorry this is the state of things now.

      • One physician did mention that the medical records were not complete and needed patient assessments were not done because local doctors lacked the training to do this. At least this is the way I read the limited number of transcripts that were presented online.
        But the complete transcripts are needed to determine what was testified to.

    • If OP people and PECFN have so much money, why do they still need to raise $60,000.00 to pay the lawyer(s) and others?

      As noted previously, I also “invested” in the APPEC appeal for human health effects. Nothing honorable about that, either.

      Can we now stop dissing the turtle by way of the sour grapes routine?

      • Well, with three months of legal work this can add up quickly. There is a staff that works with Eric that has to get paid so they can continue to support their families.

      • Barbara, the above questions were for Gypsy (see 20:04 post), but thanks for your input
        just the same.

  11. Hi Barbara,
    You have presented some interesting points.
    Yes, the witnesses were within a certain age group; one of the reasons I was selected to testify was because I was a relatively healthy, middle aged adult. The other witness from my area was an elderly person with pre-existing diabetes. She has done very well. She is amazing! There are few people of any age who represent a pillar of health. For the people who have been exposed to low frequencies, with pre existing long term health issues: these health issues had been managed with healthy living practices including diet and medication when necessary. Once the turnines were built, these people were hit significantly hard ; the severity of their health issues accelerated at at very rapid rate. It seems the middle aged to elderly experience the most negative health effects and from my experience, a greater percentage seem to be female. Younger, males in particular for example, seem to be stronger of the genders and age groups. As well, low frequencies affect people differently; the same as how a person may be allergic to hee stings, nuts, etc. and others are not. Similarily, some smokers develop cancer, others don’t.
    I think Mr. Gillespie chose the best cross section of witnesses he had to testify for this tribunal.
    As for children testifying, I would not allow my child to the experience what I did when taking the stand. The tribunal reports “witnesses are not qualified to make their own diagnosis.” I have two university degrees, a very small percent of our population has one; very few doctors are willing to stick out their necks and make a diagnosis on anything that is not “text book”. My general practitioner often has asked me “what can she do for me?” I have made numerous requests for various testing, (example-checking cortisol levels and doing experiments), and have discussed the results with various doctors who seem to have no explanation for the results indicated! It’s “deal with the health issues” not the “cause”. Again, similarly, do tors focus on findings cure for cancer”! Well for heaven sake, eliminate the cause and perhaps less people would become sick and die! Now there’s a concept; except there is a problem, our economy would be negatively impacted.
    As for a child testifying, it would be a complete waste of time and a terrible experience for the child.
    As for incomplete medical reports-I have provided 8 years of documentation. Some doctors advise not to do this. Specialist reports were very expensive (e.g. One would charge me $359/hr plus another charge for a copy!) I answered 170+ questions prior to testifying. Enough is enough.
    I have been poked and prodded more than I care. I am a human being, not to be used as a guinea pig. I have been treated like an idiot that cannot be trusted. I need to recharge, perhaps approach this from another angle. I consider myself a relatively intelligent individual, with a standard of ethics, values and integrity, superior to many people I know. I am not putting myself on a pedestal; I am stating the truth about the sad state of affairs. People who are in harms way, need to step up to the plate, act on their own behalf and do what’s right-morally, ethically.
    Gord, I have more respect for wild life than I do for many people. I think the fact I have been robbed of my health, ny home, and have had many years taken from me; justifies my sour grapes.
    I can take a few lickings, but to be continued to be beaten over and over again, is wearing. I am almost to the point of having nothing left to lose-just where the government and wind industry wants me, dead. I have said this before, even in my absence the fight will continue and there will come a time when the people of Ontario will not only save the turtles, but will be successful in saving their own skin as well.
    Low frequencies are very harmful to ones health. This has been studied for decades. This is not news. NASA , reputable, has reports available. The government continues to ignore the facts.
    I claim my exposure to low frequencies has caused severe health issues for me. If I did not remove myself from the frequencies, I would have died. As is, I have irreparable damage to my health that could result in death at any moment.
    Knowing this, for the government to continue to allow the industrial wind industry to proceed, allowing people to be exposed to low frequencies that can result in death; is this not negligence, criminal, does anyone know, is this a form of manslaughter, murder?
    Good luck folks.

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