The group claimed the project would cause serious harm to human
health through water contamination, noise and cumulative effects,
harm to community health (by putting a nearby archeological site at
risk), and public safety from the threat of fires (as the area in
which the wind farm was to be located was serviced solely by
The appellant also claimed the project would cause serious and
irreversible harm to plant life, animal life and the natural
environment. Specifically, the appellant argued the project would
cause harm to both the ORM and several species—particularly,
the barn swallow, bobolink, and eastern meadowlark, which are
species of birds that enjoy protection under the Endangered Species
The appeal was dismissed.
Many of the arguments put forth by the
appellant—particularly those aimed at establishing harm to
human health—were familiar ones, and the ERT demonstrated
little difficulty dismissing them. It ultimately held, as it
has in the past when faced with similar
circumstances, that the Appellants had not adduced sufficient
evidence to establish the kind of harm pleaded.
The ERT also found that the appellants had not sufficiently
established harm to the ORM or any species of birds.
This finding contrasts somewhat with the ERT's decision
SLWP Opposition Corp v Ontario, 2015 CanLII 83848 (a blog
is forthcoming on that case), which was released a few weeks prior.
There, a REA appeal for a wind project located in the same area
was, in part, allowed. The ERT determined that the project
would result in serious and irreversible harm with respect to its
impact upon a woodland located within the ORM. In that instance,
neither the compensation nor mitigation measures proposed by the
approval holder were sufficient to show that the removal of a
portion of the woodlands would not result in serious and
Ontario's Ministry of the Environment and Climate Change continues to roll out its Climate Change Action Plan with its proposed GHG guide for projects that are subject to the province's Environmental Assessment Act.
The Imperial Oil refinery pled guilty to one offence for discharging a contaminant, coker stabilizer, thermocracked gas, into the natural environment causing an adverse effect and was fined $650,000...
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