Middlesex-Lambton Wind Action Group

Posted by windaction

Eagle Celebration flyer – print and distribute!Date: Saturday, May 25
Time: 1:00-5:00PM
Place: West Williams Community Centre, 32217 Kerwood Road, Parkhill MAP (right beside the eagle nest)
NextEra vs Eagles Video

Posted in Adelaide Project- NextEra, Bornish Project, Cedar Point Project, Environment, Jericho Project, Meetings, Next Era, Take Action

NextEra proud of removing American Bald Eagle Nest in Haldimand

Posted by windaction

Monte Sonnenberg, Simcoe Reformer
[excerpt] “This wasn’t something we at Nextera were happy about,” spokesperson Josie Hernandez said Friday. “But we had to remove the nest to preserve the eagles. We’re very pleased this has been a success. It’s something we’re very proud of.” Wind opponents reply that Nextera may be tooting its own horn prematurely. “Sure they’re proud of what they’ve done,” says Ernie King of Cayuga, chair of Haldimand Wind Concerns. “But when these blades start turning and an eagle gets cut in half, how much of a success story will it be then? Sure they can pat themselves on the back. But that doesn’t change that they took down a nest that a pair of eagles made themselves to make room for three turbines.”

Fred Ortt of Jarvis, also a member of Haldimand Wind Concerns, continues to question Nextera’s decision to remove the nest. Ortt says the company had ample room across the road where it could’ve situated the turbines. Ortt and others claim to know of another eagles’ nest that has yet to cross Nextera’s radar screen. “We’re not going to tell them where it is,” Ortt said. “The MNR will just give them permission to cut that one down too.”

Nextera speculated about the possibility of relocating the nest to another tree. It has decided against that because the nest is too fragile. The company has shown the nest to students in New Credit and plans to donate it to a school that can take care of it. Read article

Posted in Environment, Ethics, Next Era

One anti-wind advocate doubtful real change will come

Posted by windaction

By Debora Van Brenk, The London Free Press
Changes are expected “very soon” to give municipalities more power regarding the location of green energy projects, but it doesn’t instill much hope in a local anti-wind advocate. “I don’t imagine it will take any (wind turbines) down that are there,” said Lisa Michaud, a member of Chatham-Kent Wind Action Group. The Thamesville-area woman joined the group after her family launched a lawsuit against Suncor Energy in 2011. The lawsuit claims they have suffered such symptoms as vertigo, nausea and sleep disruption caused by the Kent Breeze Wind Farm being located near their home. She doesn’t believe any rule changes will have much of an impact, because she feels the Municipality of Chatham-Kent supports green energy projects.

A working group of four Liberal cabinet ministers is reviewing ways to improve the consultation process for green energy projects such as wind and solar installations as well as natural gas power plants, confirmed Beckie Codd-Downey, spokesperson for Energy Minister Bob Chiarelli. She said the group — which involves the ministers of municipal affairs, rural affairs, environment and energy — is looking at a number of options to improve local control. “Going forward, we need to give communities a strong role in the planning process so that we get these decisions right the first time,” Codd-Downey said. While one Liberal source said the new rules might come before provincial legislators take their summer break, Codd-Downey said the timing is not yet set. “The Minister has said he hopes to see something in the near future.”

Michaud said she would like to know what the government’s definition of soon is, asking is it 2013 or 2016? Read article

Posted in Uncategorized

Health study should be complete before province moves ahead, Plympton-Wyoming mayor says

Posted by windaction

Sarina Observer
Is the Ontario government trying to make peace with rural communities on the controversial issue of industrial wind turbines? It’s certainly a question being asked after the province recently announced plans to improve how large energy projects are sited in Ontario. In a recent letter, the Ministry of Energy asked the Ontario Power Authority and the Independent Electricity System Operator to help develop a new regional energy planning process.

Under this new protocol, municipalities, the energy sector and other stakeholders are expected to be formally consulted about proposed projects, according to the Ministry of Energy. However, officials aren’t sure yet how this process would work under the existing Ontario Green Energy Act. “We are working closely with the Ministry of Municipal Affairs and Housing, Ministry of Rural Affairs and the Ministry of the Environment on developing a strategy to increase local control when it comes to the siting of future large green energy projects,” a Ministry of Energy spokesperson wrote in an email. “That process would be consistent with an improved regional energy planning process — communities must have a stronger voice and real engagement in decision making.”

While Ontario municipalities have been calling for greater oversight, Plympton-Wyoming Mayor Lonny Napper isn’t sold on the proposed process. Read article

Posted in Government, Health, Ministry of Energy, Municipalities

Here we are NextError – come Terrorize our nest!

Posted by windaction

Some beautiful shots taken of the Bornish Ealges in the recently approved NextEra wind project.
Save the Bornish Eagles Gathering
Date: Saturday, May 25
Time: 1:00-5:00PM
Place: West Williams Community Centre, 32217 Kerwood Road, Parkhill MAP (right beside the eagle nest)

Posted in Uncategorized

Wind turbines blow and they suck!

Posted by windaction

Brian Keelan, First Monday
“You got to know when to hold’em, know when to fold’em, know when to walk away, know when to run.” That’s not just a cool line from an old Kenny Rogers song. It’s good advice and it has served me well over the years… in poker and in business. I see a lot of similarities between life and poker: you can win a lot and you can lose a lot but most of the time you just keep watching the ante go up while you wait for a good hand. If you’re smart, you learn how the game is played and you never, ever draw to an inside straight.

A few years ago, I was going for a walk along the old (original) Lakeshore road in Bright’s grove – a beautiful stretch from Brigden Road to Perch Creek. It was a sunny day and there was a north wind blowing so the sky was quite clear and visibility was good. That’s when I saw them; the colossal wind turbine machines up by Ipperwash. As the crow flies that’s eight and half miles or 13.6 kilometers from where I stood. They are highly visible in those conditions and now the Ontario Government want to add forty two more and they have plans for up to 500 more in this area.

Last year I drove up to Tobermory and drove past over a hundred of them. They are huge and they are everywhere, and I began to wonder how the people felt when they had one that close to their property. I wouldn’t want one in my back yard and I sure as heck wouldn’t want one in my neighbour’s backyard. I am quite sure that there is only one reason the neighbour would even tolerate one in his backyard and that (I am afraid) is money. Nobody that I have ever met wants one in their yard, not even if they think it is good for the environment… and I know that on paper you can prove it’s good for the environment… as long as the wind is blowing when you need the energy. You can’t store the stuff in giant batteries, you have to send it somewhere and use it as soon as you create it and therein lies a major problem; the ability to produce on demand. Read article

Posted in Environment, Green Energy Act

Churchill Wind Project (66-100 turbines in Plympton-Wyoming & Enniskillen)

May 8

Posted by windaction

This project was flipped from TCI Renewables to EDF-EN several years ago, although it is still listed on TCI’s site, just to add to the confusion.

It is a the making of another massive wind project for the area of between 66-100 wind turbines (if they are 1.5MW).

Posted in Churchill Project, EDF EN

Timely advice for turbine hosts

Posted by windaction

Peter Epp, Sarnia Observer
As discussion about wind turbine development in Sarnia-Lambton grows, so does information about the industry and some of the possible pitfalls associated with its activity. At the most recent meeting of CORE (Conserve Our Rural Enniskillen), an insurance agent suggested that farmers and other landowners who agree to become a host for turbine development should think twice about making that decision, because their insurance coverage might be affected.

Greg Cameron said Ontario’s insurance industry does not have uniform policies on liability insurance for farmers with industrial wind turbines, partly because the industry is so new. In fact, he said a recent Ontario Court decision – which ruled that property owners living near a proposed development in Collingwood could go to court to seek damages to cover the devaluation of their property once the turbines are built – has changed everything. Read article

Posted in Agriculture, Meetings, Sarnia Observer, Take it to court

Insurance industry wary of covering farms with turbines after Collingwood court ruling

Posted by windaction

Heather Wright, Sarnia Lambton Independent
A local insurance broker says a recent decision to allow neighbours of wind farms to sue for lost property value may make it harder for farms with wind turbines to get liability insurance. Greg Cameron of Cameron Insurance was one of the speakers at yesterday’s meeting held by CORE – Conserve Our Rural Enniskillen. CORE organized after three wind companies began moving throughout the area asking farmers to host wind turbines on their property. Up to 51 turbines are planned in the three projects

But Cameron is warning farmers they need to be careful about signing lease agreements because it may affect their insurance coverage. Cameron says a recent Ontario Court decision in which a judge ruled property owners around a proposed development in Collingwood could go to court to look for damages to cover the devaluation of their property once the project was built.

Cameron says the insurance industry, which does not have uniform policies on liability insurance for farms with industrial turbines, is closely watching the situation. “As more and more turbines go up and more and more liability suits are presented, you will be able to tell the appetite of the insurance companies, whether they will cover farms (with turbines),” says Cameron. Read article

Posted in Sarnia Lambton Independant

Lawyer urging caution with wind leases

Posted by windaction

Paul Morden, Sarnia Observer
Petrolia lawyer Wallace Lang questioned the amount of money wind energy companies are offering farmers who lease them land to build turbines on. Lang told more than 200 people gathered Thursday evening at Lambton Centennial School near Petrolia that the wind leases he has read typically offer landowners $15,000 a year, per turbine.

He was invited to speak by Conservation of Rural Enniskillen (CORE), a citizens group that formed earlier this year to oppose plans by several companies to build wind farms in Enniskillen Township. “You really have to wonder if it’s a good bargain or not,” Lang said about the amount of money wind companies are offering landowners.“It seems to be kind of chump change, really.”

The agreements can run for decades and may include inflation clauses but the lease payments are taxable, he said. Lang told the crowd he believes more realistic compensation for landowners would be in the range of $50,000 to $100,000 a year for each turbine. He urged landowners to be cautious, saying wind companies are sophisticated organizations that know how to market the documents they use to sign up landowners. While they’re called option agreements, “it’s a final document,” Lang said. “Make sure you want to do it, before you sign it.” Read article

Posted in Meetings, Sarnia Observer

Next Era’s 37-turbine Bluewater project planned for Varna area gets Ministry approval

Posted by windaction

Lakeshore Advance
The Bluewater Wind Energy Centre, one of two projects Next Era has proposed for the municipality of Bluewater, received Ministry of Environment approval last Monday, April 22.

The project that was approved plans for 37 turbines for a generating capacity of 60 megawatts. Although the turbines will be located in Bluewater, bounded by Blackbush/Bronson Line to the west, Mill Road to the North, Concession 5 Road to the east and Danceland Road/Staffa Road to the south, a transmission line is to be constructed through Huron East to connect to the Seaforth Transformer Station by way of Centennial and Hensall Roads.

“This is a major milestone for the project,” said Project Director Nicole Geneau. “Everyone will see a lot more of us in the future, and me in particular, over the next several months,” said Geneau who added, “Sometimes when you are working through everything and working through the steps, the excitement doesn’t come through, but we are very happy to receive the approval. We have been working with some of our landowners since 2008 and this is a very long-term experience for them as well. We are all thrilled.” Read article

Posted in Bluewater Project, Ministry of Environment, Next Era

Activists say MOE approval of wind project near Arkona not the end of the fight

Posted by windaction

By Heather Wright, Sarnia this Week
LAMBTON COUNTY - Wind activists say a transmission line hearing may be best way to stop a wind energy center north of Arkona. NextEra received approval for the Bornish Wind Energy center, a 45-turbine project just northeast of Arkona from the Ministry of the Environment recently. Esther Wrightman of Middlesex Lambton Wind Concerns has been among the people fighting the project. She’s frustrated. Wrightman saying looking at the Environmental Registry confirms her suspicion that the Ministry of the Environment simply rubber stamps wind projects. Wrightman says the registry on the Bornish project uses the name of another wind project in Eastern Ontario telling her the responses are not original.

“These are projects that are going to affect people’s lives and it seems that it’s just a matter of copy and pasting approval lines in it from one to another,” says Wrightman. “The MOE has never denied a project” she adds. “The system is broken…you don’t have a government agency that can help…you feel quite deserted at the end of the day.” Read article

Posted in Bornish Project, Environmental Review Tribunal, Ministry of Environment, Next Era, Ontario Energy Board, Sarnia This Week, Take Action, Take it to court

Paved paradise, put up a wind turbine….

Posted by windaction

NexTerror cut down one eagle nest in Ontario already this year, and are eying up another at the Bornish project that was just approved last week.
Please mark your calendar to join the Save the Bornish Eagles Gathering:

Date: Saturday, May 25
Time: 1:00-5:00PM
Place: West Williams Community Centre, 32217 Kerwood Road, Parkhill MAP (right beside the eagle nest)

Posted in Bornish Project, Environment, Meetings, Ministry of Natural Resources, Next Era, Take Action

2 Comments

Suncor finally delivers a shadow flicker map for Adelaide Wind Project – 6 months late

Adelaide Suncor Shadow Flicker Report

Posted by windaction

At the October 3, 2012 final public meeting for the Suncor Adelaide Wind Project, it became apparent that there was no Shadow Flicker information available for the public, most importantly for those who would be affected by it. Questioning the Suncor dude about this he said he could get me the information for a specific area if I requested it. I said, “Oh good, I’d like it for the entire project”.

Clearly they didn’t take me seriously. We wrote the company and requested it again. The response from Chris Scott was, “In regards to your request for a “shadow-flicker” map, as requested at the October 3 Open House, we are currently preparing our shadow-flicker study. We will be sure to contact you when the study is completed.”

Months go on, and we attend the Cedar Point Suncor meeting in early April and ask where the Shadow Flicker report is. The response from C. Scott is “OK”. OK WHAT??? We stick the voice recorders on until he says we’ll get the report by the end of the month.

And here it is, 6 months after I first requested it. Note, the Adelaide project documents have since been deemed ‘complete’ by the Ministry of Environment, and put of for 45 days of public comment. Yes, it’s complete even without the shadow flicker reports because the Green Energy Act removed the requirement for the wind company to provide a shadow flicker report to the public.

So if you are one of the persons who will receive 40 minutes of shadow flicker a day ( like some will in this project), you would never have known about this flicker until it happened. How incredibly considerate of this wind company, Suncor, eh?

Posted in Adelaide Project- Suncor, Ethics, Green Energy Act, Ministry of Environment, Shadow Flicker, Suncor

Nextera Bornish wind project approved by MOE – 45 wind turbines

Full Bornish Wind Approval

Posted by windaction

“If the Company determines that it must deviate from either the Environmental Effects Monitoring Plan, the Natural Heritage Assessment and Environmental Impact Study, the Natural Heritage Assessment – Addendum Report or the Natural Heritage Assessment – Addendum II Report, described in Condition K1, the Company shall contact the Ministry of Natural Resources and the Director, prior to making any changes to either of these documents, and follow any directions provided.”

Active Eagle Nest 187m from Bornish substation, 634m & 741m from turbines.

Environmental Registry
Proponent: Bornish Wind G.P Inc, as general partner for and on behalf of Bornish Wind L.P.
390 Bay Street, Suite 1720, Toronto Ontario Canada M5H 2Y2
Instrument Type: Approval for a renewable energy project – EPA s.47.3(1)

A Renewable Energy Approval (REA) has been issued to Bornish Wind LP (NextEra Energy) to engage in a renewable energy project in respect of a Class 4 wind facility consisting of the construction, installation, operation, use and retiring of up to 45 turbines, rated at 1.6 MW generating output capacity, with a total name plate capacity of 72.9 MW. The wind facility will be connected to Hydro One’s distribution system.

This Class 4 wind facility, known as the Bornish Wind Energy Centre, consists of areas required for the wind facility components, as well as for the interconnection route. The wind facility will be is located in the Municipality of North Middlesex in Middlesex County.

The REA requires the proponent to construct, install, operate, use and retire the facility in accordance with specific terms and conditions.

The terms and conditions, as summarised below, require the proponent to:

construct and install the facility within 3 years of the date of the approval,
construct and install the facility in accordance with the documentation considered for the issuance of this approval,
receive all required permits under the Endangered Species Act, 2007 prior to construction or installation, Read the rest of this entry →

Posted in Bornish Project, Environmental Review Tribunal, Government, Green Energy Act, Ministry of Environment, Next Era

Appalled by actions in Ontario legislature

Posted by windaction

Larry Smale, Sarnia Observer
Myself and seven other friends, neighbors and the Mayor from Enniskillen Township, County of Lambton, Province of Ontario, Country of CANADA; attended the reading of Bill 39 in Toronto on Thursday, April 18. During the course of the day I was completely appalled by the misleading information and rhetoric coming from the Liberal side of the House as well as those of the NDP members. I wondered at times if these members had even read the bill.

Members from both of these parties talked out of both sides of their mouths. Prior to this bill all parties unanimously passed a bill to grant access to grandchildren by their grandparents where families had been subjected to divorce or other separation. Following this Bill they showed their true colours for the health, safety and consideration for the people of rural Ontario by defeating this bill, which as a result will allow the continuation of placing wind turbines in our back yards, next to us, next to our children and next to our grandchildren, an obvious disregard for the people of rural Ontario. Read article

Posted in Ethics, Government, Kathleen Wynne

Ontario government traded an active eagle nest for these 3 wind turbines

Posted by windaction

And here is why the active bald eagle nest was destroyed by Nextera, NexTerror, NextError, NestError…. What a @#$%ing disgrace!!

Posted in Environment, Ethics, Government, Green Energy Act, Ministry of Environment, Ministry of Natural Resources, Next Era

Reason to be skeptical

Posted by windaction

By Peter Epp, Sarnia Observer
No matter what you think about wind turbines and whether or not they are the cause of some health problems, the fact the structures are not wanted by some municipalities remains the enduring issue in this part of Ontario. Indeed, some people seem to forget that municipalities like Enniskillen Township or the Town of Plympton-Wyoming are so dead set again wind turbines that they’re doing what they can to keep them out.

But because permission and planning for the towers’ development is tightly held by a provincial authority, as enforced by the four-year-old Green Energy Act, local councils can do little – even if their ratepayers are firmly against such development, and even if councillors share that same opposition.

Indeed, the legacy of the Green Energy Act isn’t green energy, but the ability of a central political power to overrule the will of locally-elected politicians and their constituents. That legacy remains the number one threat. And every wind turbine remains a standing symbol of a senior government that purposely ignores the will of its junior government counterpart. Read article

Posted in Ethics, Government, Kathleen Wynne

Enniskillen Township citizens’ group spreading its message

Posted by windaction

Paul Morden, Sarnia Observer
Chad Burke says he believes it’s possible to keep wind farms out of Enniskillen Township. Burke chairs the citizens’ group Conservation of Rural Enniskillen (CORE) that formed earlier this year after several wind companies became active seeking land to lease for turbine sites in the township. Some residents of other communities where turbines have already been built have said “they wish they would have gotten a head start, like we have,” Burke said.

“We’re feeling pretty good there’s a chance industrial wind turbines will not be in Enniskillen.” Core members will be handing out pamphlets and information at Saturday’s town-wide yard sale in Petrolia, and will have an information table May 1 at the Heidi’s Independent grocery store there. That will be followed by a community awareness meeting CORE has organized for May 2, 7 p.m., at Lambton Centennial School.

Lawyer Wallace Lang is scheduled to speak that evening about land leases and Greg Cameron will speak about insurance issues. Tammy Van Troost, president of the Lambton local of the National Farmers Union, is also expected to speak. Read article

Posted in Sarnia Observer, Take Action

Wind foes welcome ruling

Posted by windaction

Paul Morden, Sarnia Observer
Wind turbine opponents in Lambton County are celebrating a silver lining they see in a court ruling that dismissed a claim against a wind project near Collingwood. The Ontario Superior Court of Justice this week dismissed a claim made by neighbouring property owners against the eight-turbine Fairview wind project WPD Canada is seeking provincial approval to build near the Clearview Township community of Stayner. The decision was based on the fact approval hasn’t been given yet.

But Eric Gillespie, a lawyer representing neighbours who brought the court action, says the ruling recognizes that claims against wind projects are possible as soon as projects receive approval. “There are many people who have been waiting to see how the courts would respond to these types of claims,” Gillespie said. “It now seems clear that as soon as a project is approved residents can start a claim.” Gillespie said that appears to be a major step forward for people concerned about industrial wind projects. “We can definitely expect more claims now that this door has been opened.”

Gillespie is currently also defending Plympton-Wyoming’s wind turbine bylaws against a legal challenge by the Suncor Energy, the company seeking provincial approval to build up to 62-turbines as part of its Cedar Point wind project in Lambton County. Wind opponents are also celebrating that the court accepted evidence indicating turbines could devalue neighbouring properties by 22% to 50% or more, and also impact the health of neighbours. Read article

Posted in Sarnia Observer, Take it to court

Enniskillen says its an “unwilling host” to turbines

Posted by windaction

Sarnia Lambton Independent
Enniskillen Township council says it can’t be clearer about its opposition to wind turbines in the community declaring itself an “unwilling host.” Concerns have risen in the municipality in the past two months as three wind energy companies go door-to-door in the municipality, trying to find landowners willing to have industrial wind turbines on their property. The three companies could plant as many as 51 turbines in the countryside around Petrolia.

A community group, CORE – Conservation of Rural Enniskillen, has been formed and has been pressing council to take a stand against the project.

Mayor Kevin Marriott says council has been opposed to the projects but recently took the added step of passing a motion declaring itself to be an unwilling host to the wind energy centers. “I heard this was happening in a few municipalities across the province,” Marriott says, adding council unanimously supported the move.

The motion pleased CORE spokesman Chad Burke. “I believe that our mayor, our council, is doing everything they can do to keep industrial wind turbines out of our township,” Burke says in an email. Read article

Posted in Municipalities, Take Action

Enniskillen wind turbine community awareness events

Posted by windaction

C.O.R.E
April 27, 2013 – Awareness Table
Location: Petrolia Yard Sale
Contact: cburke.core@gmail.com for more information

May 1, 2013 – Awareness Table
Location: Petrolia Grocery Store, Heidi’s Independent Grocer
Contact: cburke.core@gmail.com for more information

May 2, 2013 – Awareness Meeting in Petrolia Area
Time: 7:00pm
Location: Lambton Centennial – Petrolia, Ontario
Speakers: Wallace Lang, Greg Cameron, Tammy Van Troost

June 22, 2013 – Awareness Meeting
Time: 3:00pm
Location: Lambton Centennial – Petrolia, Ontario
Speaker: Eric Gillespie

Posted in Meetings, Take Action

NextEra Varna (Bluewater) Wind Project approved by MOE – 40 more turbines

Posted by windaction

Environmental Registry
A Renewable Energy Approval (REA) has been issued to Varna Wind Inc. to engage in a renewable energy project in respect of a Class 4 wind facility consisting of the construction, installation, operation, use and retiring of up to 40 turbines, rated at 1.6 MW generating output capacity, with a total name plate capacity of 60 MW. The wind facility will be connected to Hydro One’s distribution system.

This Class 4 wind facility, known as the Bluewater Wind Energy Centre, consists of areas required for the wind facility components, as well as for the interconnection route. The wind facility is generally bounded Blackbush/Bronson Line to the west, Mill Road to the north, Concession 5 Road to the east, and Danceland Road/Staffa Road to the south. The interconnection route is generally bounded by Concession 5 Road to the west, Mill Road to the north, Huron Road and Perth 183 Road to the east, and Staffa Road to the south. Read the rest of this entry →

Posted in Bluewater Project, Ministry of Environment, Next Era

Bluewater taken to court over wind turbine building fees

Posted by windaction

By Mac Christie, Times-Advocate Staff
VARNA – Bluewater’s high-priced wind turbine building permit fees are being challenged in court. The municipality’s building permit bylaw would see wind developers pay $434,000 per turbine for any wind turbine development in the municipality.

NextEra Energy’s Nicole Geneau confirmed the company – which plans to build two wind farms and a total of 52 turbines in Bluewater – has filed suit in Ontario Superior Court in London. “We’ve always maintained that we contested the bylaw that they passed,” Geneau said. “The reasons that we contested it, we stated at council several times. “It’s on that basis that we have moved to have the bylaw quashed and we’re going to continue to pursue that action.”

NextEra undertook the action with Northland Power, the developers of the Grand Bend Wind Farm, an installation which could see as many as 40 turbines erected in Bluewater. NextEra’s legal counsel Tyson Dyck had previously appeared at Bluewater council March 4, telling council the company disputed the bylaw as they feel it encroaches on several areas of the provincial jurisdiction, such as the Green Energy Act, as well as the Building Code Act.

The bylaw would see industrial wind turbine developers pay a $14,000 base permit fee, a $220,000 security per turbine for decommissioning, a $100,000 fee per turbine for matters related to health and property devaluation and a $100,000 fee per turbine for potential legal matters arising as a result of the turbines. Read article

Posted in Bluewater Project, Next Era, Take it to court

Ontario court allows lawsuits against wind company and landowners … just a matter of time

Posted by windaction

Cunningham & Gillespie LLP, Canada Newswire

Court Accepts 22% to 50% Loss of Property Values is Occurring Today; Court and Wind Company also Acknowledge Health and Noise Issues in Context of Motion

TORONTO, April 23, 2013 /CNW/ – In a decision released late yesterday, the Ontario Superior Court of Justice has determined that while residents of Clearview Township cannot bring claims for a proposed industrial wind project at this time, the ruling is “without prejudice to the plaintiffs’ rights to commence an action for identical or similar relief when and if the Fairview Wind Project receives the necessary approvals to be constructed.” [Para. 6]

The court has specifically recognized that claims against wind companies and against landowners who agree to host wind turbines are possible as soon as projects receive approval. [Para. 37] “There are many people who have been waiting to see how the courts would respond to these types of claims” said lawyer Eric Gillespie, whose firm acts for the plaintiffs in the actions. “It now seems clear that as soon as a project is approved residents can start a claim. This appears to be a major step forward for people with concerns about industrial wind projects across Ontario.”

In addition, Gillespie’s firm acts for other clients in areas where wind projects have been approved. “Dozens of plaintiffs who have already started actions appear to have had the right to bring claims validated” he said. “We can definitely expect more claims now that this door has been opened.” Read article

Posted in Property value, Take it to court

Plympton-Wyoming eyes changes to turbine bylaw; meets with Suncor

Posted by windaction

Sarnia Lambton This Week
PLYMPTON-WYOMING - The lawyer representing Plympton-Wyoming in its court battle against Suncor’s wind project says the municipality may clarify its bylaw after a recent court decision. This, while the municipality and Suncor meet to try to resolve some of their differences about the Cedar Point Wind Energy Center. Suncor has a plan to build a 100 megawatt project with up to 46 turbines in Plympton-Wyoming and Lambton Shores. Suncor is following the rules set out by the Green Energy Act, including keeping the giant turbines 550 meters from the nearest homes.

But Plympton-Wyoming Council was concerned about that distance saying there are reports of people becoming ill from the sounds and shadow flicker so close to the turbines. It passed its own bylaw under the Municipal Act to have the turbines two kilometers away from homes. Mayor Lonny Napper says the bylaw was passed to protect residents’ health – which is a duty of politicians under the act.

When the province passed the Green Energy Act, it over-ruled every other type of legislation including local municipalities planning authority, but Napper and other municipal politicians believe the Municipal Act doesn’t fall under the Green Energy Act. Suncor disagrees and is taking Plympton-Wyoming to court to challenge the two kilometer limit and two other bylaws which impose high fees for development and a $200,000 deposit per turbine to deal with the cost of removing the towers in the future. Read article

Posted in Cedar Point Project, Municipalities, Suncor, Take it to court

Plympton-Wyoming looks for guidance from Wainfleet decision

Posted by windaction

By Paul Morden, Sarnia Observer
A court ruling that went against another municipality’s wind turbine setback bylaw could end up helping Plympton-Wyoming, says its lawyer. Suncor Energy has taken Plympton-Wyoming to court over wind turbine provisions in its bylaws, including a two-kilometre setback like the one in the Niagara-area municipality of Wainfleet Township an Ontario court recently said was invalid.

“The decision gives some guidance that wasn’t available previously,” said lawyer Eric Gillespie. He was hired by Plympton-Wyoming to help it defend its bylaws against Suncor’s challenge. Gillespie said the judge in the Wainfleet case said municipalities have the ability to pass bylaws concerning industrial wind projects, so long as they don’t conflict with the province’s legislation.

“The decision also provides direction regarding the way that some of the provisions of a bylaw should be put together,” Gillespie said. “Both of those elements will likely assist Plympton-Wyoming as we move forward for with its bylaw.” Read article

Posted in Municipalities, Sarnia Observer, Take it to court

Township council motion calls Enniskillen an unwilling host

Posted by windaction

By Paul Morden, Sarnia Observer
Enniskillen Township has joined a growing number of Ontario municipalities declaring that industrial wind farms aren’t welcome within their boundaries. Mayor Kevin Marriott said his council passed a motion this week calling itself an unwilling host, and he was at Queen’s Park in Toronto Thursday when Liberal and New Democrat MPPs defeated a Tory bill — 40 votes to 33 — that would have, among other measures, returned some local municipal control over wind projects.

Several wind companies have been active in Enniskillen Township, looking for land to lease for turbine projects, and a citizens’ group has formed there to oppose them. At a press conference in Toronto before Thursday’s vote Marriott spoke about the division that wind turbines create in rural municipalities like his. “The Green Energy Act has been nothing short of a nightmare for our community,” he said of the provincial legislation that took away local municipal planning control over renewable energy projects.

“We feel like our democracy has been stripped away.” Read article

Posted in Municipalities, Sarnia Observer, Take Action

Liberals, NDP ignore wind turbine concerns

Posted by windaction

Petrolia Topic
A local contingent of municipal leaders and residents of Sarnia-Lambton watched at Queen’s Park in Toronto on April 18 as Liberal and NDP members of the Ontario legislature voted to continue the march of industrial wind turbines across rural Ontario. The Ensuring Affordable Energy Act, a bill presented by Ontario PC MPP Lisa Thompson, was debated in the legislature before the Liberal and NDP members teamed up to kill the act and its central purpose of returning decision making authority for industrial wind turbine developments to local municipalities.

The Act was drafted in response to a groundswell of criticism the Liberal and NDP parties have received since they passed and implemented the Green Energy Act (GEA) in 2009. Several municipal leaders, including Enniskillen Township Mayor Kevin Marriott, joined in a full day of efforts to persuade members of the Liberals and NDP to amend the controversial GEA by voting in support of the solutions presented in Thompson’s bill. Read article

Posted in Bob Bailey, Government, Monte McNaughton, Municipalities