ERT Allows Another Appeal Of A Wind Farm Approval

 The Environmental Review Tribunal ("ERT" or "Tribunal") has granted an appeal of a Renewable Energy Approval ("REA") issued to wpd White Pines Wind Incorporatedfor its 27 turbine White Pines Wind Project in Prince Edward County (see case 15-068 Hirsch V. Ontario (MOECC) dated February 26, 2016). The ERT concluded the project would cause serious and irreversible harm to two species at risk, the Little Brown Bat and the Blanding's Turtle. While this is the third REA appeal granted by the ERT, it is the first time that it has found a wind project would cause serious and irreversible harm to bats and this could have significant implications for future projects.

Little Brown Bat

The Little Brown Bat is an endangered hibernating bat that roosts in trees and buildings during the spring and summer months. The expert evidence before the Tribunal indicated that the Little Brown Bat population in Ontario used to exceed 6 million but has dropped by 90 to 95 per cent over the