Peter Zywot

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.

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.

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.