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Tribunal alters wind project approval, imposing stricter bat mitigation and removing turbines to protect turtles.
The appellants appealed the Director's decision to issue a Renewable Energy Approval for a wind facility, arguing it would cause serious and irreversible harm to the Little Brown Bat and Blanding's turtle.
In the remedy phase, the Approval Holder proposed mitigation plans to address the Tribunal's previous findings of harm.
The Tribunal found it had jurisdiction to consider the mitigation plans and applied the precautionary principle.
The Tribunal accepted the bat mitigation plan with a modification to extend turbine curtailment to sunrise.
However, the Tribunal found the proposed road restoration measures for Blanding's turtle were novel and unstudied, and therefore removed the turbines associated with those road upgrades from the approval.
Appeal of Environmental Review Tribunal decision dismissed as issues raised were factual or reasonable exercises of discretion.
The appellant appealed a decision of the Environmental Review Tribunal that confirmed a Renewable Energy Approval for a wind facility project on Amherst Island.
The appellant raised nine issues, including the admission of expert evidence, consideration of mitigation measures outside the approval, factual findings regarding wildlife, and a motion to adduce fresh evidence.
The Divisional Court dismissed the appeal, finding that the Tribunal's evidentiary and procedural decisions were reasonable exercises of its discretion and statutory authority.
The court held it lacked jurisdiction to review the Tribunal's factual findings or admit fresh evidence aimed at challenging those findings, as appeals to the court are strictly limited to questions of law under the Environmental Protection Act.
Tribunal granted a remedy hearing following findings that a wind project would cause serious harm.
The appellants appealed a Renewable Energy Approval for a wind facility.
The Tribunal previously found the appellants satisfied the Health Test and Environment Test.
The approval holder requested an opportunity to produce evidence and make submissions on the appropriate remedy regarding the Environment Test.
The appellants opposed, arguing the approval should be revoked immediately based on the Health Test finding.
The Tribunal granted the request for a remedy hearing, finding it necessary to ensure a just determination of all issues and to fully exercise its jurisdiction before making a final disposition.
Tribunal granted parties the opportunity to submit evidence and make submissions on remedies for environmental harm.
The Tribunal previously found that a renewable energy approval for a wind project would cause serious and irreversible harm to the natural environment.
The approval holder requested an opportunity to submit evidence and make submissions on appropriate remedies under s. 145.2.1(4) of the Environmental Protection Act.
The Tribunal granted the request and scheduled a telephone conference call to determine the form, scope, and scheduling of the remedy hearing.
