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.
