A panel of three Superior Court judges has ruled the 550 metre setback for industrial wind turbines is legitimate.
On March 3, the judges ruled the Minister of the Environment complied with the process mandated by the Environmental Bill of Rights and conducted sufficient consultation before coming up with its regulations.
Ian Hanna, 56, of Prince Edward County, had argued the province failed to properly consider how industrial wind turbines can affect human health. With the help of lawyer Eric Gillespie, Hanna claimed the government did not consult qualified medical experts before the Green Energy Act dictated turbines can be erected 550m from any home.
That alleged oversight, they argued, means the province breached the “precautionary principle” in its own Environmental Bill of Rights, which states the government has to show an activity is safe before it is approved.
But the judges disagreed, saying the government followed the Environmental Bill of Rights and conducted sufficient consultation before coming up with its regulations.
They noted, “the health concerns for persons living in proximity to wind turbines cannot be denigrated, but they do not trump all other considerations.”
The ruling is seen by many to be a major blow to the legal case of anti-wind power activists, but the judges also rejected the government’s argument that the decision was not reviewable by the courts.
The judges stated anyone in the province can challenge specific proposed wind projects in front of an environmental review tribunal (ERT), “which has the mandate to determine, on a case-by-case basis, whether a renewable energy approval would cause serious harm to human health.”
If a particular tribunal is persuaded by evidence the 550m setback is inadequate to protect human health, it has the authority to stop the project or increase the setback.
Gillespie was encouraged by that aspect of the decision, saying in a press release that it is “a significant outcome that will allow future reviews of a wide range of ministerial decisions … More specifically regarding this case, the court has left the entire 550 metre setback issue as an open question to be decided by the ERT.”
As for Hanna, he said in a press release, “This is not the outcome we had hoped for.” He added he respects the decision but is also concerned that it does not appear to address a central point raised by both him and Gillespie.
“Where is the evidence that the Minister of Environment consulted persons with medical expertise?” he asked. Hanna told the Globe and Mail he may file an appeal of the ruling (he has until March 18 to do so) and will continue to fight for those who believe more research must be done into the health effects of wind turbines.
Perth-Wellington MPP and Minister of the Environment John Wilkinson told the Globe and Mail the province’s setback rules are based on 40 years of peer-reviewed science, but the ministry “is always open to new research.”
