Dr. Kerlinger

The appellant appealed a Renewable Energy Approval (REA) for a wind power project, arguing it would cause serious and irreversible harm to plant life, animal life, or the natural environment, specifically focusing on Barn Owls and Bald Eagles.

The Environmental Review Tribunal found that the appellant failed to meet the onus of proving that the project would cause such harm.

The Tribunal accepted expert evidence that the project was unlikely to result in bird strikes or significant habitat displacement, and confirmed the Director's decision to issue the REA.

The Divisional Court heard three appeals from an Environmental Review Tribunal decision regarding a Renewable Energy Approval for a wind turbine project at Ostrander Point.

The Tribunal had revoked the approval, finding the project would cause serious and irreversible harm to Blanding's turtles, but dismissed appeals regarding harm to birds, alvar, and human health.

The Court allowed the appeal by the project developer and the Ministry of the Environment, finding the Tribunal's decision on Blanding's turtles was unreasonable as it lacked evidence on population size, failed to properly consider the developer's Endangered Species Act permit, and breached procedural fairness in determining the remedy.

The Court dismissed the cross-appeals regarding birds, alvar, and human health, finding the Tribunal's conclusions on those issues were reasonable.