The lawyer representing three Southwestern families who lost their legal battle in London against wind farms last month is seeking leave to appeal the decision.
A panel of three Superior Court justices in December rejected arguments that constitutional rights of the families had been violated when the projects were approved by Ontario’s Environmental Review Tribunal.
The three projects the families attempted to stop were the massive 140-turbine K2 Wind farm north of Goderich, which will match the largest wind farm in Ontario when it is completed, the much smaller 15-turbine St. Columban Energy wind farm east of Seaforth, and the 92-turbine SP Armow wind farm near Kincardine.
Lawyer Julian Falconer had told the justices the Environmental Review Tribunal had blinders on and were not interested in looking at new evidence on the harm caused by wind turbines.
“They’re interested in getting the turbines up,” Falconer said.
Falconer also argued it was unfair that wind farm opponents had to prove the projects would cause serious harm to human health. Instead they should only have to show they might be seriously harmed.
But in their 51-page ruling released Dec. 29, the justices said the Environmental Review Tribunal acted correctly.
In asking for leave to appeal the decision, Falconer argues that the Environmental Protection Act infringes on the families’ Charter Rights because it allows the state to act without regard to public health.
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