Madeline Ritchie

The applicant sought leave to appeal the Director's decision to issue an amendment to an Environmental Compliance Approval for a 12-month pilot program to process municipal de-watered biosolids.

The applicant argued the decision was unreasonable due to the proximity of residential dwellings, cumulative impacts, the operator's track record, and potential health risks.

The Tribunal found the applicant had standing but failed to meet the test for leave to appeal under s. 41 of the Environmental Bill of Rights, 1993, as the Director's decision was reasonable and included appropriate conditions to mitigate environmental harm.

The application for leave to appeal was dismissed.

Following successful appeals that revoked a Renewable Energy Approval for a wind turbine project, the applicants sought costs against the Approval Holder and the Director of the Ministry of the Environment and Climate Change.

The applicants alleged unreasonable and bad faith conduct prior to and during the hearing, including late filing of evidence and changing positions mid-hearing.

The Environmental Review Tribunal dismissed the costs applications, finding that conduct prior to the proceeding is not eligible for costs, and that the conduct during the hearing was not unreasonable, frivolous, vexatious, or in bad faith.