APPEC News: Commentary on ERT Decision, July 12, 2013
Fellow APPEC Members:
The story of the ERT decision on Ostrander Point has spread across Ontario. Most of the attention, of course, has focused on the role the Blanding’s turtle played in the environmental appeal victory. But APPEC has also received a good share of the coverage.
Though it’s not possible to forward all the stories, APPEC members are probably most interested in how the decision was reported (below) by the Picton Gazette and the Wellington Times. The board is grateful for both supportive articles.
Our thanks also go to member Parker Gallant, who has written a fine commentary (also below) on the ERT proceedings for the Wind Concerns Ontario website.
The ERT’s decision has already been given extensive legal analysis, particularly in a lengthy piece at http://www.gowlings.com/KnowledgeCentre/enewsletters/environ/htmfiles/V10N01_20130710.en.html. The ruling on the environmental grounds may seem narrow, but the implications appear to be considerable for the Ministry of Environment and Ministry of Natural Resources. This may lead to MOE’s and MNR’s encouraging Gilead Power to appeal the decision, if they do not do so themselves because of political reasons.
The APPEC board continues to review the ERT’s findings on the health evidence and will discuss these in detail with Eric Gillespie next week. One of the factors which complicate our decision making, however, is the persistent shortfall in funding the ERT appeal.
August 2 is the deadline for APPEC’s filing an appeal to the Ontario Divisional Court.