Dr. Brock Fenton

The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility, arguing it would cause serious and irreversible harm to the Little Brown Bat and Blanding's turtle.

In the remedy phase, the Approval Holder proposed mitigation plans to address the Tribunal's previous findings of harm.

The Tribunal found it had jurisdiction to consider the mitigation plans and applied the precautionary principle.

The Tribunal accepted the bat mitigation plan with a modification to extend turbine curtailment to sunrise.

However, the Tribunal found the proposed road restoration measures for Blanding's turtle were novel and unstudied, and therefore removed the turbines associated with those road upgrades from the approval.

During the remedy phase of an appeal regarding a Renewable Energy Approval for a wind facility, the appellant brought motions to qualify a witness as an expert, admit new documentary evidence, and control the cross-examination of a respondent's witness.

The Tribunal granted the expert qualification in part, admitted some of the new evidence that was not previously obtainable, and dismissed the motion regarding the cross-examination, finding no improper conduct by opposing counsel.

The appellant brought three motions in an appeal of a Renewable Energy Approval for a wind project.

The motions sought to qualify a witness as an expert and to admit new evidence.

The Environmental Review Tribunal granted the motions in part, qualifying the witness as an energy consultant and admitting specific documents attached to the affidavits of the witness and another expert into evidence, while allowing the respondents to cross-examine the affiants on the newly admitted documents.