For the first time, Ontario's Environmental Review Tribunal
has allowed an appeal of a renewable energy approval
("REA"). Taking the most activist approach possible, the
Tribunal revoked the REA for the proposed wind energy project on
July 3, 2013. While the appeal was determined on specific issues
related to the location of the project, the decision highlights the
extensive evidence required to support renewable energy development
in environmentally sensitive areas.
The proposed Ostrander Point Wind Energy Park was to be located
in Prince Edward County, in an area designated as important for
birds, with wetlands throughout. After 24 days of evidence with
respect to environmental issues, the Tribunal found that expert
opinions diverged with respect to the effectiveness of mitigation
measures to protect an endangered turtle species identified in the
project area. The Tribunal determined that it was not obliged to
consider impacts to the turtle population on a
