The appellant appealed a Divisional Court decision that set aside an Environmental Review Tribunal's revocation of a Renewable Energy Approval for a wind farm project.
The Tribunal had found the project would cause serious and irreversible harm to the Blanding's turtle due to increased road mortality.
The Court of Appeal held the Divisional Court erred in its standard of review application, finding the Tribunal's decision on serious and irreversible harm was reasonable despite lacking precise numerical data.
However, the Court of Appeal agreed the Tribunal erred in revoking the approval without allowing the parties to make submissions on the appropriate remedy.
The matter was remitted to the Tribunal to determine the remedy.
