Hanna v Ontario (Attorney General)

CASE LAW UPDATE

2011 ONSC 609 (Released March 3, 2011)

Judicial Review – Regulations – Renewable Energy

On March 3, 2011, the Divisional Court dismissed a judicial review application challenging sections of Ontario Regulation 389/09 (the "Regulation"), made under Part V.0.1 of the Environmental Protection Act, RSO 1990, c E19 (the "EPA"). The impugned sections deal with minimum setback requirements and conformity to noise guidelines for wind energy facilities. The Regulation streamlines the approval process for green energy projects and is the culmination of the government's initiatives to reduce greenhouse gas emissions for the purpose of protecting the environment and public health.