Wind action group weighs taking fight to environment tribunal

london ertLondon Free Press, Paul Morden
Opponents of Nextera Energy’s 92-turbine Jericho wind energy project have a lot to think about, but not a lot of time, as they consider whether or not to appeal the wind farm’s recent provincial environmental approval. Marcelle Brooks, with the Middlesex-Lambton Wind Action Group, said they have until April 29 to file an appeal with Ontario’s Environmental Review Tribunal. “We’re still going through all the paperwork,” Brooks said.

Ontario allows 15 days for an appeal once the Ministry of the Environment has approved a renewable energy project, and the Jericho approval came down April 14. “We’re really trying to scramble to see if we can get this deadline met,” Brooks said. If the wind action group files an appeal, it will go to the tribunal on its own, without a lawyer, she said. “We don’t have any money at all . . . this truly is grassroots.”

The tribunal hears appeals on grounds that approval of a project will cause serious harm to human health, or serious and irreversible harm to plants, animals or the natural environment. Construction can begin on renewable energy projects while an appeal is underway, unless the tribunal issues a stay order. Nextera spokesperson Josie Bird said clearing and grading work has begun at a construction lay-down yard on Thomson Line in Lambton Shores. Read article

15 thoughts on “Wind action group weighs taking fight to environment tribunal

  1. ‘[excerpt] If the wind action group files an appeal, it will go to the tribunal on its own, without a lawyer, she said. “We don’t have any money at all . . . this truly is grassroots.”’

    Wear turtle suits – and, plaster a sign on the back;
    ‘naturalists’ – and, you should win.
    Follow up – with a book signing, and don’t forget the ‘local wine’ tasting.

    Whine like an environmentalist; and, do it for the children.

  2. the definition of insanity is doing the same thing expecting a different result.
    you can parade your herd of experts and witnesses re. health effects all to no avail.
    as far as the ERT is concerned, if the wind developers ripped your toenails out as they grew back over the next 20 years, this does not amount to serious harm (per MOE counsel Rotter-Kent Breeze ERT). Personally, I thought, having charter rights in this country that protect us would prevent government from passing laws that allow your toenails to be ripped out repeatedly over 20 yrs (40 yrs if leases are extended).

    i don’t have time today to do the digging. What’s up with the ERT’s where appeals were made on basis of charter rights?

    Off hand, my opinion is, keep it simple and to the point. just appeal on basis that the legal framework for windfarm approvals is unconstitutional. others have done it. get their paperwork. I believe the jury is still out on deciding and you have your foot in the door.

    windscam has proven that charter rights amount to squat when charter rightas stand in the way of $s being scammed by corporates pulling politician strings.

  3. When people come to OWR looking for information, it causes me to have to make multiple postings which some people don’t like.

    About time that people did their own homework anyway.

    • *wink*
      I believe in terms of making a statement stick into ones head, you must repeat it 17 times for it to take hold in ones brain. This is something that you must do to children to get them to adhere to something you want to make them remember, or do in what you are trying to teach them.

      On another note dearest Barbara, “””About time that people did their own homework anyway.””

      Let me say very loudly, You dear, have been in instrumental help and I appreciate it with a full heart of gratitude.
      Thanks Barbara, for all the information you have sleuthed for me.

      I am not, I am not, a computer person. I don’t know the in’s and out’s of researching via the net. It’s just not my thing. So again, Thank you !!!!!

  4. Have a friend who says “repetition is the motherhood of learning”.

    I would say, since there are only 24 hours in a day,
    don’t waste too much time appealing to the Environmental Review Tribunal.
    A family may consider using that time to pack up their homes,
    sell it, find a new place, and move.

    Because, should you or your child or other other family member
    be sensitive to wind turbine sound or electricity pollution,
    and become sleep deprived,
    it can turn into an emergency VERY QUICKLY.

    Be prepared, know what to watch for.

  5. Continuing to fight this batle through ERTs will keep this in the public view and create official written documents which if not useful now they can also be used in the future.
    Witnesses will be called and their testimony recorded.

    And you also learn by doing. Every new ERT you can get better at doing.

  6. So that people have a sense for what Premiere Kathleen Wynne
    recently described as a “science” -based approach at the Ontario
    Ministry of the Environment, consider this example from
    Clear Creek, Norfolk County, Ontario, that happened about a year ago (2012/2013):

    As part of its investigation into noise- and health-related complaints
    being reported for nearly five years,
    by residents of the Clear Creek, Norfolk County, Ontario
    community, home to Mr. Mike Crawley’s Erie Shores Wind Farm
    and the Clear Creek, Cultus, and Frogmore industrial wind energy facilities
    (3 x 9.9-MegaWatt RESOP contracts),
    developed by AIM PowerGen, and now part of the
    International Power/GDF/Suez racket,

    Officers Martin McConnochie (#300), and John Beals, from the
    MOE Hamilton District Office, and

    Carine Schofield from the MOE Environmental Assessment and
    Approvals Branch (EAAB), and others, set-up noise monitoring
    equipment at Ms. Stephana Johnston’s home for a
    10-day period.

    There was a data logger running throughout the full period, and
    Ms. Johnston was instructed by the MOE officers to press a button
    on a recording device, which would activate a recorder to take
    a 10-minute audio recording,
    whenever she experienced “pain”.

    The MOE described this process as an “unattended measurement.”

    When Officer Martin McConnochie (Badge #300) returned to
    pick up the equipment, this video was recorded just before
    Officer McConnochie loaded into his pickup truck to leave
    with the younger male, MOE officer who had attended with him:
    (Youtube search: Martin McConnochie)

    In the video, Officer McConnochie is telling Ms. Johnston
    he had asked to “attend” one particular day during the experiment,
    while the equipment was set-up,
    a day when it was “really windy”, but, “were told no.”

    Then, in the video, Officer McConnochie tells Ms. Johnston,
    “there’s a reason I’m telling you this.”
    He did not explain “the reason.”

    The MOE report and data came back three months later,
    in February 2013, and is a work of disgrace and offense.

    For one thing, for each of the 10-minute recordings where it appeared
    in the data that the sound levels (dba) were exceeding
    the Certificate of Approval limits,
    an MOE technician (allegedly) listened to the audio recording
    through headphones
    and deemed the wind noise was audibly louder than the wind turbine noise,
    and therefore,
    the wind turbines were NOT ‘non-compliant’.
    Again, this subjective finding was determined by an MOE technician,
    sitting in an office listening to wind turbine sound recordings
    through headphones.

    Of course, had an Officer,technician been “attending” during that
    very windy day, it would have been obvious that the wind
    turbine sounds were MUCH LOUDER than the sounds of the wind.
    (Local residents/complainants describe these sounds as being
    “like right beside a jet or jets”.
    In Clear Creek, Norfolk County, Ontario, Mr. Mike Crawley’s
    wind turbineS are LESS THAN 500 METRES AWAY FROM HOMES

    Perhaps “the reason” Officer McConnochie told Ms. Johnston
    he had asked to “attend” but was “told no”, was his way of
    ‘blowing the whistle’, to explain to us that, in fact,
    Ministry of the Environment officers were using public resources
    that are supposed to be used to protect us,

    pre-meditating a plan to distort a “scientific” process, and
    cause harm to Ontario Canadians.

    • Adding insult to injury:

      Ms. Johnston spent many hours, and filled many pages
      requesting MOE Officers Martin McConnochie, William Alvey, John Beals, Jim Bradley
      & company,
      to clarify the “reason” Officer McConnochie was alluding to on November 29, 2012.

      They would not answer the question;
      complaints were made to the Ontario Ombudsman, Andre Marin.

      Ontario Ombudsman Andre Marin & company, including “Jennifer”
      began to process the complaint,
      and after much running around
      and jumping through hoops,
      the line ‘went dead’;
      no explanation, no advisory,
      they simply pretended this Ontario inquiry/complaint didn’t exist;
      in typical Ontario government form:
      all ‘smoke & mirrors’.

      But – now we ask:
      Do these records still exist?
      Were they shredded or deleted?

      Hey – Premier Kathleen Wynne!

  7. Thanks for the above information.

    Some smell doom & gloom from these ERTs but I smell future “blood” when the records/ transcripts are reviewed.

    • The turtle says,
      Kill the Green Energy Act;
      save Human Habitat!

      and, bring back the Rule of Law;
      scrap Climate Change Policy @
      the Local Level of Government.

      Municipal Election Time!

  8. Ella,
    The Dick Devos 22,000 sq.ft. house at Lake Macatawa, MI
    Don’t see any IWTs near this house and it also looks very “sustainable”

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