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November 15, 2013

ERT ’s Bornish Wind Farm Decision Requires Sufficient Evidence of Serious and Irreversible Harm

To prove that a wind energy project will cause serious and irreversible environmental harm, you will need an expert and a scientifically solid case.

In a decision released November 12, the Environmental Review Tribunal (ERT) said it will not overturn the approval of a large wind energy facility in southwestern Ontario that, potentially, could pose a threat to a pair of bald eagles nesting in the immediate vicinity.  This case underscores the requirement that the evidence must show, on a balance to probabilities, that there will be – versus potential – “serious and irreversible harm.”

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