Wind Concerns Ontario plans to appeal the Ontario Divisional Court's decision to dismiss Ian Hanna's challenge of the province's wind turbine regulations.
On Thursday, March 3, the Ontario Divisional dismissed Ian Hanna's application for judicial review of provincial regulations that established a minimum setback distance for wind turbines. Mr. Hanna alleged that the government did not give adequate consideration to the health risks posed by low frequency noise and vibration emitted by wind turbines. The Divisional Court disagreed, holding that the government had conducted full public consultations and had considered science-based evidence in arriving at the 550 metre minimum setback requirements for turbines.
Wind Concerns Ontario maintains its objection. "The central concern is the apparent lack of medical or health evidence supporting the minister's decision," says Eric Gillespie (as quoted in the Ottawa Citizen), the lawyer who will be arguing the appeal. "And the issue will be whether what the minister did is sufficient."
No date has been set for the appeal.
Wind Concerns Ontario also continues to press its case at the Environmental Review Tribunal. It has appealed the first Renewable Energy Approval issued to a wind project in the province. The lobby group has argued that Suncor Energy's 20 MW project in Chatham-Kent causes serious harm to human health. The ERT's decision is expected May 29.