Ian Hanna, an Ontario anti-wind crusader, has been denied
permission to appeal an earlier court decision that dismissed his
judicial review application.
Hanna's application challenged Ontario Regulation
359/09 that governs renewable energy approvals in
Ontario. The Regulation requires a 550 meter distance between wind
turbines and noise receptors such as residences.
Hanna argued that there was no scientific basis for the 550
setback. He challenged the regulation on the basis that the
Minister of Energy had not followed the necessary process required
by Environmental Bill of
Rights (EBR). Section 11 of the EBR requires
the Minister to consider the Statement of Environmental Values
(SEV) when making decisions that might significantly effect the
environment. In turn, the SEV requires the Ministry to "use a
precautionary, science-based approach in its decision-making".
Hanna argued the Ministry had failed to meet that requirement when
it determined the setback
