An industrial wind turbine project in southern Prince Edward County is losing its race against the Blandings Turtle.
In a decision released Monday at noon, the Ontario Court of Appeal reversed a lower court ruling regarding a Renewal Energy Approval (REA) of the nine-turbine Ostrander Point industrial wind project.
The Prince Edward County Field Naturalists have been fighting the development since 2008 and Monday’s decision marks the end of their third battle before the courts in a bid to stop the project.
Monday’s decision confirms a 2013 ruling by the Environmental Review Tribunal (ERT), the Blandings Turtles and its habitat will suffer serious and irreversible harm if the project operates as approved.
Following the 2013 ERT ruling, both project developer Gilead Power and the Ministry of Environment filed appeals to the Divisional Court in Toronto arguing the tribunal had made a half-dozen errors in concluding the project would hurt the creatures.
Monday was a happy day for members of the Field Naturalists.
“We’re very pleased. The court has ruled in favour of protecting the environment, which is what we’ve asked for throughout” said Myrna Wood, president of the PEC Field Naturalists.
The Court of Appeal refused to hear Gilead’s proposal for a remedy to protect the turtles, instead referring it back to the ERT.
The Field Naturalists have raised more than $200,000 to help offset court costs since the battle began. Anderson said it’s caught the attention of people across the country.
Field Naturalist lawyer Eric Gillespie said the decision may affect other proposed wind turbine projects.