Jonathan Kahn

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 appellant in an environmental appeal regarding a wind power project requested a summons for a Ministry of Natural Resources and Forestry specialist to testify about the endangered species permitting process.

The proposed witness and the Director applied to cancel the summons.

The Tribunal granted the request to issue the summons and dismissed the application to cancel it, finding the proposed evidence relevant and necessary to the appeal.