Egan: Judges blow away minister's order, $200-million wind farm restarts

Court overturned a decision to stop the wind farm project in Crysler, Ontario and it is now full steam ahead.

There was at all times one thing suspicious about Ontario Surroundings Minister Jeff Yurek’s resolution in December to cease a $200-million wind farm within the countryside south of Ottawa.

The Nation Rise undertaking had been years within the planning, obtained its predominant authorities approval in 2018 and its 29 large generators had been quickly being put in within the rural space exterior the villages of Crysler and Finch. Then got here the large blow-back.

Equally surprising was Yurek’s cause for the last-minute cancellation: potential hurt to bats, together with some on Ontario’s Species at Threat listing — a comparatively minor situation solely touched on in days of environmental hearings in 2018.

A high-level politician all of a sudden coming to the defence of Hoary, Massive and Little Brown bats?

Wednesday, three Ontario Superior Courtroom judges — in well mannered authorized language — agreed an sick wind was blowing. They reversed Yurek’s order, saying he was being unreasonable together with his intervention and had no authority to all of a sudden elevate the difficulty of bat mortality when it wasn’t central to the enchantment from an area opposition group.

Although the judges didn’t delve into potential political bias, critics have identified the then newly-elected authorities of Doug Ford was in opposition to large wind-energy tasks — it cancelled 758 early-stage renewable energy schemes — and Nation Rise was accredited solely days earlier than the pro-green Liberals dropped the election writ.

So the sudden standing-up for 3 species of bats — and, by accounts, there weren’t even many round — had the whiff of political motivation.


“It was simply completely ideologically pushed,” reacted Peter Tabuns, the NDP’s surroundings critic. “It had nothing to do with species in danger, one thing that’s not significantly a difficulty or concern with this authorities, in any occasion.”

Tabuns referred to as it a “damning” judgment that is a humiliation to the minister and his authorities. The sudden cancellation, he added, had despatched a nasty sign to clean-energy producers and threatened to price taxpayers hundreds of thousands.

The judges wrote that the minister “ignored materials proof concerning the degree of bat exercise, the low degree or danger to the bat colonies within the space and the efficacy of the proposed mitigation and monitoring plans” that Nation Rise had promised.

(Yurek’s workplace mentioned ministry is upset with the courtroom’s ruling and is “fastidiously contemplating” its subsequent step.)

This week’s ruling was a bitter blow for the Involved Residents of North Stormont, a grassroots group that has fought the 100-megawatt undertaking for 5 years, elevating and spending in extra of $100,000 to oppose the undertaking.

“Oh, such an enormous disappointment,” mentioned Margaret Benke, chair of the group. She was stunned that even the minister himself, outfitted with the total vary of data within the case, couldn’t rule on the aspect of environmental safety.

 Margaret Benke reacts to a court overturning decision to stop the wind farm project in Crysler, Ontario and is now full steam ahead.

“The Minister and Ministry of Surroundings with all of their sources can’t shield our pure sources and species in danger.”

She additionally spoke of the massive studying curve that citizen teams must embark on to battle massive firms in these quasi-judicial tribunals the place knowledgeable testimony is essential and layman errors might be many. The group intends to enchantment.

For years, it has made the case that the big wind farm, with generators 200 metres tall, is a risk due to the buzzing noise, the so-called shadow glints, the consequences on the water desk from trenches and deep tower bases and even the impacts on livestock. The Township of North Stormont had twice voted not be a “prepared host” of the undertaking.

Nation Rise is being constructed by 

EDP Renewables Canada Ltd., a part of a multi-national company. It had achieved a examine on the consequences on bats within the space. Whereas they weren’t quite a few, the corporate had pledged to create a monitoring program to make sure its generators weren’t having a drastic impact on the species.

It additionally had the choice of slowing turbine speeds throughout peak exercise by the bat colonies. The judges additionally famous that it was unfair of Yurek to cancel the undertaking outright with out asking EDP what additional cures it would try to fulfill his issues for the susceptible species.

EDP Canada affiliate director Ken Little, who has labored on Nation Rise for about eight years, mentioned the undertaking is about two-thirds full, with six generators totally erected, 11 partially achieved and all 29 foundations and repair roads prepared.

There have been as many as 250 staff on the varied websites at one time. A restart date is tough to foretell, mentioned Little, due to the logistics of getting specialised staff and contractors again and the consequences of the pandemic.

Nation Rise was to be accomplished and producing energy this spring. It was additionally awarded $126,500 in courtroom prices.

To contact Kelly Egan, please name 613-291-6265 or electronic mail