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Appeal sought in wind farm decision 

Credit:  Julian Falconer looks to appeal Superior Court decision to move forward with three Ontario wind farms | Free Press staff | The London Free Press | Wednesday, January 21, 2015 | www.lfpress.com ~~

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.

Source:  Julian Falconer looks to appeal Superior Court decision to move forward with three Ontario wind farms | Free Press staff | The London Free Press | Wednesday, January 21, 2015 | www.lfpress.com

This article is the work of the source indicated. Any opinions expressed in it are not necessarily those of National Wind Watch.

The copyright of this article resides with the author or publisher indicated. As part of its noncommercial educational effort to present the environmental, social, scientific, and economic issues of large-scale wind power development to a global audience seeking such information, National Wind Watch endeavors to observe “fair use” as provided for in section 107 of U.S. Copyright Law and similar “fair dealing” provisions of the copyright laws of other nations. Send requests to excerpt, general inquiries, and comments via e-mail.

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