Decision from three-judge panel in landmark wind turbine appeal expected before January

ERT injusticeBy Jonathan Sher, The London Free Press
A judicial fight over the future of wind turbines in Ontario wrapped up Thursday with the fate of the province’s green energy law in the hands of judges. On one side is big money, wind energy giants like Samsung and a Liberal government intent on becoming a world leader in creating green energy.

On the other are four families in Huron and Bruce counties whose homes are close to dozens of proposed turbines. But while it seems a David and Goliath affair, the underdogs have enlisted a legal pugilist who Thursday seemed to dance circles around the arguments of his adversaries, wrapping up a four-day hearing in London with an emotionally-loaded challenge to three Superior Court justices.

“The system has utterly broken down,” said Julian Falconer. “You have been tasked with keeping these people safe.” Falconer was the most dynamic of lawyers representing four families in Southwestern Ontario battling the building of wind farms. It’s not the first time lawyers have challenged the Green Energy Act in court. Three years ago, wind opponents lost in court fighting a decision by an environmental review tribunal to allow a wind farm. But the 2011 effort had a handicap this one does not — it was a judicial review, in which judges must give deference to the tribunal.

This time, Falconer wants the three-judge panel to:

  • Halt, by issuing what’s called a stay, wind farms that are expected to be tested in January.
  • Rule the environmental tribunal violated the constitutional rights of wind opponents when it refused to allow new evidence from a Health Canada study.
  • Allow wind opponents to stop wind farms by showing they might be seriously harmed rather than proving they had been harmed. Read article

3 thoughts on “Decision from three-judge panel in landmark wind turbine appeal expected before January

  1. For the police, with love

    ‘[excerpt] The judges expect to issue a decision on the stay soon, and while they didn’t specify a date, it’s likely they’ll act by January.

    Environmental review tribunals shield their eyes to contrary evidence, Falconer said.

    “They keep the blinders on. They’re not interested in new information. They’re interested in getting the turbines up,” he said.

    But lawyers for the government and wind companies disagreed, one arguing the Health Canada study only showed a link between turbines and annoyance and the early results hadn’t yet been peer-reviewed.

    “It’s a work in progress,” said Darryl Cruz, who represents St. Columban Energy.

    The decision by the environmental tribunal was correct and wind companies should be allowed to complete their wind farms, he said.

    That’s a position one Niagara wind opponent has been fighting for about four years, moving from her Welland home to keep away from planned turbines.

    “It’s just wrong,” Catherine Mitchell said.

    Wind opponents say turbines cause dizziness, headaches, heart palpitations and other illness.

    The government says that’s wrong and that neighbours are protected because turbines are placed at least 550 metres from homes.

    Ontario has more than 6,000 wind turbines built, planned or proposed, mostly in the southwest. Turbines account for about 4% of Ontario’s power.’
    ——————————–
    ‘[excerpt] Spencerforhire posted:

    People should know something about Anti Wind!

    After two years of asking and asking they don’t like the results?

    Talk about having egg on your face!!

    26 peers and two years of published “criteria” to site any concerns??

    LOL Anti Wind is too funny!’
    ——————————–
    ‘[excerpt] Spencerforhire posted:

    Falconer said that the Health Canada study (and the 21 other studies that said the same) , which did NOT find a link between turbines and adverse health is proof of adverse health effects?? And adds you should give your head a shake??

    I think there is an obvious pattern to this mass hysteria.

    The Lawyers do NOT think there are enough lawyers involved with Wind Turbines . . . Dah!

    And the OSPE ( the nuclear engineers) think there are not enough nuclear engineers in Wind Power . . . Dah!

    Meanwhile, everyone else has heard the Health Canada report (NO link between turbines and adverse health) and knows this is over and done with.’
    ——————————–
    ‘[excerpt] Spencerforhire posted:

    LoL so if YOU screw up the next Tonto gets the blame? Nice how do I get that to work?

    Wind mills have been in continuous use since 500AD. The only thing that has changed is that the NIMBYs have gone from the Holy wars to the Salem Witch trials to Big Tobacco to Big Oil and Anti Wind.

    BUT if “The buck stops with those who are currently in charge.” ok let’s say that is true (I guess because the left always fixes the mess left by the right) just vote the Liberals out. BUT then YOU have to pay up for their removal, their contacts, and then find a replacement that will not cause 9,000 deaths and 60,000 ER visits (OMA) which YOUR current way of thinking does!’
    ——————————–
    ‘[excerpt] Spencerforhire posted:

    The Ombudsman should look at the Anti Wind crowd as they cause the harm and costs and Wind and methane and . .

    Not Wind’

    • It’s likely that whichever way the decision goes it will be appealed.

      The money involved in IWTs is so overwhelming that it is just about impossible to reason with those involved in these projects.

      Examples:
      RECHARGE, Sept.5, 2014

      “Algonquin buys 200 MW Odell project” A Minnesota wind project.

      So that Algonquin can pay for the anticipated $313.5 m construction, Emera, the largest shareholder in Algonquin, has agreed to buy C$70 m worth of subscription receipts which will be exchangeable for Algonquin shares.

      http://www.rechargenews.com/wind/1375791/Algonquin-buys-200MW-Odell-project

      —————————————————————-

      RECHARGE, Nov.19, 2014

      “Fred Olsen Windcarrier has joined the Lake Erie-Energy Development Corp (LEEDCo) consortium to help devise an installation strategy for the planned 18MW project in Ohio.”

      The project is 7 miles from Cleveland, Ohio

      http://www.rechargenews.com/wind/1384047/Fred-Olsen-joins-LEEDCo-offshore-pilot-wind-project-team

      This project has not ended yet! Too much money in off-shore wind.

      • WINDCARRIER, Oslo, Norway

        Fred. Olsen Windcarrier provides innovative and tailored services for the transport, installation, and maintenance of offshore wind parks.

        http://www.windcarrier.com

        Look out Lake Erie!

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