Upping the ante

Despite Tribunal ruling, White Pines developer intends to begin site clearing next week

The developers of the proposed industrial wind project, White Pines, appear to view an Environmental Review Tribunal decision as a bump in the road rather than a dead end. wpd Canada has decided it won’t wait until it can persuade the Tribunal that it can adequately address the threat the project poses to endangered species, including the little brown bat and Blanding’s turtle.

The developer has advised the Alliance to Protect Prince Edward County (APPEC) that it intends to move in heavy equipment next week to begin clearing vegetation on the project land.

“We are appalled by wpd’s chosen course of action,” said APPEC chair Orville Walsh. “It is fundamentally disrespectful to the appeal process.”

Walsh says the Tribunal’s decision to uphold APPEC’s appeal based upon the threat the project poses to endangered species should have brought planning for the project to a “grinding halt.”

Instead, the developer is proceeding as though the Tribunal’s ultimate decision is a foregone conclusion.

“wpd is behaving as though the decision does not apply to them,” said Walsh.

Kevin Surette, spokesperson for wpd Canada, says site clearing is unrelated to the concerns raised by the Tribunal.

“In regards to [the] Blanding’s turtle, the Tribunal is seeking further mitigation measures during the operation phase related to internal access roads and upgrades to municipal roads. The Tribunal will make their decision based upon the evidence presented to it,” said Surette.

Walsh counters that any work to clear the project land could disrupt the Blanding’s turtle habitat and expose the endangered species to heavy equipment and increased predation.

“Vegetation clearing for turbines and access roads will cause irreparable environmental destruction,” wrote Walsh. “Of particular concern is the impact of heavy machinery that will be brought in on [the] Blanding’s turtle habitat, where most of the wind turbines are located, and on Blanding’s turtles themselves as they emerge from their over-wintering sites early this year after a mild fall and winter.”

The developer’s surprising action has forced APPEC to scramble. On Friday, APPEC’s legal counsel filed a motion with the Tribunal seeking a stay of all physical activity on the project site until the appeal has been resolved.

Walsh says his organization is confident the Tribunal will grant the stay to physical activity, but he remains baffled by the developer’s actions.

“APPEC, John Hirsch and the Prince Edward County Field Naturalists (PECFN) note the similarities between wpd’s attempt to start on construction while an appeal is underway and a prior attempt by Gilead Power to do the same at Ostrander Point,” wrote APPEC chair Orville Walsh to members on Sunday. “In that case, the Ontario Court of Appeal had no hesitation in granting a stay on construction in order to prevent irreparable harm. We are confident that wpd’s attempt will meet with the same outcome.”

Surette denies that wpd Canada’s decision to proceed with site cleaning undermines the Tribunal appeal process.

On the contrary, this is part of the process,” said Surette. “There is no automatic stay in the REA [renewable energy approval] as a result of the decision on an appeal; however, an appellant has a right to request the ERT to order a stay. wpd agreed to provide notice to APPEC during the duration of the hearing prior to commencing activities on the site. As the hearing remains ongoing, wpd has provided notice, and APPEC has requested a stay. It will proceed through the normal ERT process for decision.”

Surette declined to comment on the risk of further investment in the White Pines project while the outcome remains uncertain.