To date, every Renewable Energy Approval for a wind farm has
been appealed to the Environmental Review Tribunal. The
Environmental Review Tribunal rejected the first appeal, for the
Kent Breeze wind farm, but ruled that it will allow the same or similar
evidence in subsequent cases.11-208 MIDDLESEX-LAMBTON WIND ACTION
GROUP INC. Essentially, the claim is that noise from turbines
interferes with sleep and thus causes harm to human health.The ERT
described Zephyr's argument as:
Zephyr asks that the Tribunal rule on the correct interpretation
of sections 142.1, 145.2(2) and 145.2.1 of the EPA with respect to
the scope of a hearing of a REA appeal. Zephyr submits that these
sections define the scope of permissible evidence and takes the
position that this evidence is limited by the fact that a REA
hearing is not a new hearing. As a result, Zephyr argues that the
Tribunal may only review the decision of the Director, and to do
that may only review the record that was
