Environmental Review Tribunal Rejects First Renewable Energy Approval

Summary

On July 3, 2013, the Environmental Review Tribunal ("ERT") granted the first successful appeal of a Renewable Energy Approval ("REA") and revoked the permit issued by the Ministry of the Environment ("MOE") to the Ostrander Point Wind Energy Project ("Ostrander"). The 9-turbine, 22.5 megawatt project was to be built on 324 hectares of provincial Crown land in Prince Edward County on the Ostrander Point Crown Land Block. The ERT found that the Minister of Natural Resources' ("MNR") Natural Heritage Assessment, included as part of the REA, failed to take adequate measures to protect the Blanding's turtle; a species that is globally endangered and threatened in Ontario. Renewable energy developers should review their REAs to ensure that adequate mitigation measures are in place to protect endangered species.