Further Wind Litigation In The Oak Ridges Moraine: Part II

Recently, the Environmental Review Tribunal (the "Tribunal") allowed in part the appeal of a Renewable Energy Approval ("REA") approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the "Project"). The Tribunal concluded that, with respect to harm to the woodlands, neither the compensation nor mitigation measures proposed by the approval holder were sufficient to show that the removal of a portion of the woodlands would not result in serious and irreversible harm.

This appears only to be the second time that a REA has been successfully challenged at the Tribunal.

In SLWP Opposition Corp v Ontario, 2015 CanLII 83848, the Appellant was a community group and argued that the project would cause serious harm  to human health and serious and irreversible harm to plant life, animal life, or the natural environment.