The applicant brought an application for judicial review challenging the promulgation of a regulation prescribing minimum setback requirements for wind energy facilities.
The applicant argued the Minister of the Environment failed to consider the precautionary principle in the ministry's statement of environmental values, as required by section 11 of the Environmental Bill of Rights.
The Divisional Court dismissed the application, finding that the Minister's decision was protected by privative clauses and that the Minister had complied with the mandated process by considering all principles, including the precautionary principle, alongside other policy factors.
