‘Right is on our side’

Approval for Ostrander Point wind energy project is revoked by Tribunal

The Blanding’s Turtle has suddenly assumed an exalted place in Prince Edward County. On Thursday, the Environmental Review Tribunal that heard the appeal to the industrial wind project at Ostrander Point, ruled that the roads systems and construction would cause serious and irreversible harm to the Blanding’s Turtle and that the proposed mitigation plans were insufficient to protect the endangered species.

The decision nullifies the Ministry of Environment approval of the project. It and the developer, Gilead Power Corporation, have 30 days to appeal the decision. But according to those familiar with these quasi-judicial panels—any further appeal must be based on errors or omissions made by the tribunal.

As those who observed the many weeks of testimony will attest, the panel of Robert Wright and Heather Gibb made extensive effort to ensure that both sides, and the Ministry of Environment, were heard and the matter adjudicated fairly within the prescribed timeline.

The Minister of Environment may overrule the panel, but that is seen as a unlikely option. Such a decision would expose the Ministry to scorn from every nature and conservancy group around the world. Just as problematic for the provincial government is the upheaval such second guessing of an appointed tribunal would cause in the administrative ranks of the provincial government.

For its part the developer, Gilead Power Corporation, is examining its next step.

“We are reviewing the written decision from the Environmental Review Tribunal and assessing our options,” wrote Mike Lord, vice-president of development projects with Gilead Power Corporation.

REACTION
For now the champagne remains on ice for the Prince Edward County Field Naturalists. They celebrated victory last night observing chimney swifts in Picton.

We were all out last night counting chimney swifts, cheering, and slapping each other on the back,” said Myrna Wood, of PECFN. “Then we all went out for a beer afterward to celebrate.”

“Of course we are just ecstatic,” said Wood. “We were astonished with the speed with which the ruling was delivered. We weren’t surprised by the finding because we figured the Environmental Review Tribunal would agree that this is no place for development.”

“We knew the facts about the site. It’s a place for providing wildlife habitat for species of all different kinds. We knew these facts would lead the Tribunal to the same conclusions,” said Wood. “We felt we had right on our side.”

While confident about the outcome, PECFN has struggled to raise the necessary funds for the appeal. Since news broke donations have begun to rise, but Wood says more is needed.

“Eric and Nathalie Smith have done such terrific work and we must repay them,” said Wood. “That is why we are still on fundraising.”

PECFN is a small group of committed naturalists.

“We do not have any professional fund raising experience,” said Cheryl Anderson of PECFN. “All we have been able to do is to ask people to help us pay for the appeal. Citizens of Prince Edward County and people from all across Canada have come forward with funds to help pay for the appeal. We are humbled by this and truly grateful.”

Donations may be made online at: saveostranderpoint.org.