BP's Tatics in Cape Vincent Ny

Thursday, April 23, 2015

Ontario Court of Appeal decides Ostrander wind farm project and sends dispute back to the ERT

April 21 2015

The Ontario Court of Appeal overturned the Divisional Court of Ontario’s February 2014 decision, which had reinstated a Renewable Energy Approval (REA) previously revoked by the Environmental Review Tribunal (ERT). The REA was for the construction and operation of a wind farm in Prince Edward County. The Ontario Court of Appeal held that the ERT’s decision – that “serious and irreversible harm” would befall the Blanding’s turtle as a result of the project – was reasonable, but that the ERT’s decision on the appropriate remedy to grant in the circumstances – revoking the REA – was unreasonable. On that basis, the Ontario Court of Appeal remitted the issue of remedy back to the ERT to decide. As a result, although the REA has now gone through three levels of judicial consideration – the ERT, the Divisional Court and the Ontario Court of Appeal, only to be sent back to the ERT to be dealt with again – the status of the REA issued by the Ministry of the Environment, who originally approved of the project, remains unresolved. Continue...

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