[ exact phrase in "" • results by date ]

[ Google-powered • results by relevance ]


Subscribe to RSS feed

Add NWW headlines to your site (click here)

Sign up for daily updates

Keep Wind Watch online and independent!

Donate $10

Donate $5

Selected Documents

All Documents

Research Links


Press Releases


Publications & Products

Photos & Graphics


Allied Groups

News Watch Home

APPEC not happy with latest decision  

Credit:  By Bruce Bell, The County Weekly News/The Intelligencer | Tuesday, April 26, 2016 | www.thepeterboroughexaminer.com ~~

PRINCE EDWARD COUNTY – An Environmental Review Tribunal (ERT) has upheld the Alliance to Protect Prince Edward County’s motion for a stay to stop vegetation clearing for a wind turbine development near the shores of Lake Ontario – at least in part.

On Monday, the ERT ruled vegetation clearing for the wpd Canada’s 27-turbine development will cause irreparable harm to the Blanding’s turtle.

In its latest decision, the ERT noted, “the Approval Holder’s vegetation clearing and site preparation activities in spring foraging habitat in the specific locations proposed for work in the spring of 2016 will cause irreparable harm to Blanding’s turtles.”

On March 22, the ERT ruled wpd Canada could proceed with site preparation despite its previous ruling the project would cause serious and irreversible damage to Blanding’s turtles and Little Brown Bats. At that time, the ERT provided APPEC with no explanation or reasons why it ruled against the motion of stay to delay site work.

A week later an Ontario Divisional Court judge dismissed another appeal by the group to have work delayed until the ERT provides reasons for its March 22 decision.

After a turtle was spotted out of hibernation a month earlier than normal, the group filed a motion of stay at the Ontario Court of Appeal in Toronto on April 6, but withdrew it when it was determined the appeal required a panel of three judges to rule, not the solo judge who attended the Osgoode Hall courtroom.

APPEC legal counsel was back in front of the ERT two days later and were successful in having work halted.

Two days later, the ERT ordered the clearing to stop.

APPEC president Orville Walsh said the decision doesn’t address a number of issues.

“While the tribunal has put a stop to vegetation-clearing in the spring foraging habitat of these turtles it is silent with respect to the potential destruction of other types of habitat that are also critical to Blanding’s turtles, including their over-wintering habitat and oviposition habitat,” he stated in a release. “The decision does not bode well for these turtles which, as we know, use many types of habitats across the White Pines project site and depend on all of them for their survival.

“For this reason we are disappointed. We can only conclude that the tribunal has an incomplete understanding of significant habitat and the importance of protecting all significant habitat, not merely one specific type.

Walsh said the board is discussing the implications of the decision with legal counsel and giving careful consideration to next steps.

Source:  By Bruce Bell, The County Weekly News/The Intelligencer | Tuesday, April 26, 2016 | www.thepeterboroughexaminer.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 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.

Wind Watch relies entirely
on User Funding
Donate $5 PayPal Donate


News Watch Home

Get the Facts Follow Wind Watch on Twitter

Wind Watch on Facebook


© National Wind Watch, Inc.
Use of copyrighted material adheres to Fair Use.
"Wind Watch" is a registered trademark.


Wind Watch on Facebook

Follow Wind Watch on Twitter

National Wind Watch