Judicial Review Application
January 2018 - Save The Nation fully supports the application for judicial review filed by Dutton Dunwich Opponents of Wind Turbines. The issue of this legal challenge could have an impact on all five industrial wind turbine projects selected in March 2016 by the province in the first phase of a Large Renewable Procurement. Eastern Fields (Parc éolien Gauthier) in St-Bernardin is one of the five projects.
For more information on the judicial review, read the letter to the editor and the media release below, and consult the section In the News.
You can make a donation to help offset the cost of expert testimonies and legal fees.
For more information on the judicial review, read the letter to the editor and the media release below, and consult the section In the News.
You can make a donation to help offset the cost of expert testimonies and legal fees.
- You may donate through PayPal secure website by clicking the button Make a donation below.
- You may also write a cheque to Save The Nation Society and mail it to: 1620 concession 7 St-Bernardin, ON K0B 1N0
Save The Nation Society is an incorporated non-profit organization. We are not a charitable organization and therefore we do not issue receipts for income tax purposes.
LETTER TO THE EDITOR - Citizen Groups forced to seek a “Judicial Review” to protect their communities
January 28, 2018
In a province in which the government and industry are expected to put “safety” as a top priority, Save The Nation and Concerned Citizens of North Stormont are joining forces with two other southern Ontario wind opposition groups to compel the Ministry of the Environment and Climate Change (MOECC) to enforce its own guidelines, meant to protect human health from excessive industrial wind turbine noise. An application for Judicial Review was filed against the MOECC in the Divisional Court in Toronto on January 23, 2018, by legal counsel, Toronto lawyer Eric Gillespie.
The Ontario “minimum” setback distance between an industrial wind turbine and a non-participating “noise receptor” (the home of someone who has not leased their land for turbines/infrastructure, in government terms) is 550 metres, center of turbine to center of residence, which is also recommended for those who have leased their land for compensation. The setback requirements are meant to address the noise impacts of wind turbine generators on the people living nearby. To receive approval to build an industrial wind power project, promoters must submit noise assessments as proof that turbines will comply with noise limits. Noise assessments are produced using “computer modelling”, which unfortunately does not seem to fully reflect the reality once projects are built. According to documents from 2006-2014 provided to Wind Concerns Ontario under Freedom of Information, the government received well over 3,100 formal reports of excessive noise and vibration. Most of the complainants are still awaiting investigation, years later. It seems that residents of rural Ontario, living in proximity to Industrial Wind Projects are “collateral damage” in the whole rush to “unregulated” renewables, under Ontario’s 2009 Green Energy Act.
The MOECC has admitted previous guidelines resulted in underestimates of the noise at nearby homes. On May 1, 2016, following a year-long study, the government adopted more stringent noise regulations by imposing a 2decibel penalty on “modelled noise” to reflect the “statistical errors” in the model and “lack of ground absorptiveness”, (as experienced following ice rain or when the ground is frozen). Changes were made to protect human health and in an effort to limit the amount of noise any residence should have to tolerate. At the same time, the government exempted LRP1 projects from the new rules by letting companies opt whether to follow the revised guidelines or not, effectively choosing the interests of multi-national corporations over protection from excessive noise. None of the approved LRP1 proponents elected to follow the new regulations.
LRP1 (Large Renewable Procurement, Phase 1) projects include Eastern Fields Project in St-Bernardin (The Nation Municipality and Champlain Township), Nation Rise Wind Farm in the Finch, Crysler and Berwick area (North Stormont Township), Otter Creek Wind Farm near Wallaceburg (Chatham-Kent), Strong Breeze Wind Power Project in Dutton-Dunwich (Elgin County) and Romney Wind Energy Centre in Lakeshore (Chatham-Kent). The latter does not have a citizen group.
Using the latest available data, if the five projects were built following the new noise guidelines, approximately 75% of the turbines could not be installed as planned, as the noise levels would exceed the “averaged” 40dBA limit, and would require increased setbacks as they would be too close to existing homes.
Close to 5,000 people will be impacted by these five projects. The protection of the health and safety of residents is our main concern. By allowing the construction of any LRP1 project according to outdated noise guidelines, the MOECC would deny protection of health and well-being for thousands of Ontario residents, sentencing them to live with unreasonable noise, 24hours a day for the next 20 years. We strongly feel that this is unacceptable and that the MOECC must be held to account.
Margaret Benke, Chairperson, Concerned Citizens of North Stormont
Julie Leroux, President, Save the Nation Society
In a province in which the government and industry are expected to put “safety” as a top priority, Save The Nation and Concerned Citizens of North Stormont are joining forces with two other southern Ontario wind opposition groups to compel the Ministry of the Environment and Climate Change (MOECC) to enforce its own guidelines, meant to protect human health from excessive industrial wind turbine noise. An application for Judicial Review was filed against the MOECC in the Divisional Court in Toronto on January 23, 2018, by legal counsel, Toronto lawyer Eric Gillespie.
The Ontario “minimum” setback distance between an industrial wind turbine and a non-participating “noise receptor” (the home of someone who has not leased their land for turbines/infrastructure, in government terms) is 550 metres, center of turbine to center of residence, which is also recommended for those who have leased their land for compensation. The setback requirements are meant to address the noise impacts of wind turbine generators on the people living nearby. To receive approval to build an industrial wind power project, promoters must submit noise assessments as proof that turbines will comply with noise limits. Noise assessments are produced using “computer modelling”, which unfortunately does not seem to fully reflect the reality once projects are built. According to documents from 2006-2014 provided to Wind Concerns Ontario under Freedom of Information, the government received well over 3,100 formal reports of excessive noise and vibration. Most of the complainants are still awaiting investigation, years later. It seems that residents of rural Ontario, living in proximity to Industrial Wind Projects are “collateral damage” in the whole rush to “unregulated” renewables, under Ontario’s 2009 Green Energy Act.
The MOECC has admitted previous guidelines resulted in underestimates of the noise at nearby homes. On May 1, 2016, following a year-long study, the government adopted more stringent noise regulations by imposing a 2decibel penalty on “modelled noise” to reflect the “statistical errors” in the model and “lack of ground absorptiveness”, (as experienced following ice rain or when the ground is frozen). Changes were made to protect human health and in an effort to limit the amount of noise any residence should have to tolerate. At the same time, the government exempted LRP1 projects from the new rules by letting companies opt whether to follow the revised guidelines or not, effectively choosing the interests of multi-national corporations over protection from excessive noise. None of the approved LRP1 proponents elected to follow the new regulations.
LRP1 (Large Renewable Procurement, Phase 1) projects include Eastern Fields Project in St-Bernardin (The Nation Municipality and Champlain Township), Nation Rise Wind Farm in the Finch, Crysler and Berwick area (North Stormont Township), Otter Creek Wind Farm near Wallaceburg (Chatham-Kent), Strong Breeze Wind Power Project in Dutton-Dunwich (Elgin County) and Romney Wind Energy Centre in Lakeshore (Chatham-Kent). The latter does not have a citizen group.
Using the latest available data, if the five projects were built following the new noise guidelines, approximately 75% of the turbines could not be installed as planned, as the noise levels would exceed the “averaged” 40dBA limit, and would require increased setbacks as they would be too close to existing homes.
Close to 5,000 people will be impacted by these five projects. The protection of the health and safety of residents is our main concern. By allowing the construction of any LRP1 project according to outdated noise guidelines, the MOECC would deny protection of health and well-being for thousands of Ontario residents, sentencing them to live with unreasonable noise, 24hours a day for the next 20 years. We strongly feel that this is unacceptable and that the MOECC must be held to account.
Margaret Benke, Chairperson, Concerned Citizens of North Stormont
Julie Leroux, President, Save the Nation Society
MEDIA RELEASE - Ontario Environment Ministry sued over failure to protect public from industrial wind turbine noise
January 25, 2018 – Toronto, Ontario
A judicial review application has been filed against the Ministry of the Environment and Climate Change (“MOECC”) in the Divisional Court in Toronto. The application alleges Ontario regulations and directives limit the amount of noise any residence in the province should have to tolerate from a wind project. Modelling is used to predict these impacts.
The MOECC has admitted previous guidelines resulted in underestimates of the noise at nearby homes. However, without any evidence that this was necessary, the MOECC has allowed companies promoting at least five large-scale wind projects to ignore new government guidelines. The result is hundreds of Ontario residents near these planned turbines could be living next to turbines that produce noise out of compliance with government regulations. If these projects, located in various parts of Ontario, were required to comply with the new guidelines, it is estimated up to three-quarters of these turbines would have to be relocated or removed.
“The government knows the modeling done by wind companies is wrong. However, the government now doesn’t require them to follow the proper process. It’s not surprising people from across Ontario are joining together to vigorously oppose this” said Eric Gillespie, legal counsel for the court applicant.
“We do not take this step lightly,” commented Bonnie Rowe, spokesperson for Dutton Dunwich Opponents of Wind Turbines, applicant in this suit. “But we estimate that these five proposed wind power projects will be out of compliance with noise levels as soon as they go on-line. In the Dutton Dunwich case, the majority of the proposed turbines, as well as the transformer, will likely produce noise over the MOECC maximum allowable levels. That is just unacceptable, especially to the many citizens living nearby, who will be forced to endure that noise.”
“The Concerned Citizens of North Stormont are in complete support of this legal challenge,” said spokesperson Margaret Benke. “Protection of the health and safety of well over 1200 local residents is our main concern and we feel that the MOECC must be held to account.”
“We fully support this legal action,” said Julie Leroux, spokesperson for Save the Nation. “By allowing the construction of the Eastern Fields project, according to outdated noise regulations, the MOECC would deny protection of health and wellbeing for hundreds of local residents, for the next 20 years. We strongly feel that this is unacceptable.”
“Based on what information the public has been provided so far, it appears most of the turbines will be out of compliance" said Wallaceburg Area Wind Concerns spokesperson, Violet Towell. "We believe many Wallaceburg and area citizens will suffer unnecessary hardship if this project is allowed to continue, and we fully endorse this judicial review."
For further information please contact:
Eric Gillespie, legal counsel 416-436-7473 (phone/text).
Bonnie Rowe, Dutton Dunwich Opponents of Wind Turbines 519-639-5415 (phone/text)
Margaret Benke, Concerned Citizens of North Stormont 613-558-9236 (phone/text)
Julie Leroux, Save the Nation 613-307-1499 (phone/text)
Violet Towell, Wallaceburg Area Wind Concerns 519-350-1829 (phone/text)
A judicial review application has been filed against the Ministry of the Environment and Climate Change (“MOECC”) in the Divisional Court in Toronto. The application alleges Ontario regulations and directives limit the amount of noise any residence in the province should have to tolerate from a wind project. Modelling is used to predict these impacts.
The MOECC has admitted previous guidelines resulted in underestimates of the noise at nearby homes. However, without any evidence that this was necessary, the MOECC has allowed companies promoting at least five large-scale wind projects to ignore new government guidelines. The result is hundreds of Ontario residents near these planned turbines could be living next to turbines that produce noise out of compliance with government regulations. If these projects, located in various parts of Ontario, were required to comply with the new guidelines, it is estimated up to three-quarters of these turbines would have to be relocated or removed.
“The government knows the modeling done by wind companies is wrong. However, the government now doesn’t require them to follow the proper process. It’s not surprising people from across Ontario are joining together to vigorously oppose this” said Eric Gillespie, legal counsel for the court applicant.
“We do not take this step lightly,” commented Bonnie Rowe, spokesperson for Dutton Dunwich Opponents of Wind Turbines, applicant in this suit. “But we estimate that these five proposed wind power projects will be out of compliance with noise levels as soon as they go on-line. In the Dutton Dunwich case, the majority of the proposed turbines, as well as the transformer, will likely produce noise over the MOECC maximum allowable levels. That is just unacceptable, especially to the many citizens living nearby, who will be forced to endure that noise.”
“The Concerned Citizens of North Stormont are in complete support of this legal challenge,” said spokesperson Margaret Benke. “Protection of the health and safety of well over 1200 local residents is our main concern and we feel that the MOECC must be held to account.”
“We fully support this legal action,” said Julie Leroux, spokesperson for Save the Nation. “By allowing the construction of the Eastern Fields project, according to outdated noise regulations, the MOECC would deny protection of health and wellbeing for hundreds of local residents, for the next 20 years. We strongly feel that this is unacceptable.”
“Based on what information the public has been provided so far, it appears most of the turbines will be out of compliance" said Wallaceburg Area Wind Concerns spokesperson, Violet Towell. "We believe many Wallaceburg and area citizens will suffer unnecessary hardship if this project is allowed to continue, and we fully endorse this judicial review."
For further information please contact:
Eric Gillespie, legal counsel 416-436-7473 (phone/text).
Bonnie Rowe, Dutton Dunwich Opponents of Wind Turbines 519-639-5415 (phone/text)
Margaret Benke, Concerned Citizens of North Stormont 613-558-9236 (phone/text)
Julie Leroux, Save the Nation 613-307-1499 (phone/text)
Violet Towell, Wallaceburg Area Wind Concerns 519-350-1829 (phone/text)