The period for filing an appeal of the Environmental Review Tribunal (“ERT”) decision on the Ostrander Point Wind Farm has passed. The ERT’s decision to revoke the Renewable Energy Approval for the Ostrander project came after a lengthy court battle that saw the initial question of whether there would be serious and irreversible harm to the Blanding’s Turtle go up to the Ontario Court of Appeal. The Blanding’s Turtle is listed as a threatened species in Ontario. The Court of Appeal sent the matter back to the ERT on the issue of mitigation and remedy of the impacts on Blanding’s Turtles from the construction of roads to service the Ostrander Point Wind Farm. The ERT decision found that the only appropriate remedy to preserve the Blanding’s Turtle was to revoke the Renewable Energy Approval.
Click here to read our article about the June 6, 2016 ERT decision.