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Prince Edward County Field Naturalists in top Ontario appeals court this week

Blandings [1]

The blanding’s turtle has been a leading cause for the stir between naturalists and renewable power developers in Prince Edward County.

By Greg Murphy [2]

BELLEVILLE – The Prince Edward County Field Naturalists [3] (PECFN) are in Ontario’s top appeals court this week in hopes of toppling the Ostrander Point wind farm development [4] once and for all.

Tuesday marked their second day in the Appeal Court of Ontario [5] where they hope to prevent Gilead Power [6] and the Ministry of Environment [7] (MOE) from building a wind farm on Ostrander Point in Price Edward County.

Cheryl Anderson, past president of the PECFN, said a special focus was placed on the blanding’s turtle [8] on Monday, a species which she says is in danger from the development.

“Yesterday was about the blanding’s turtle, because that was what the Environmental Review Tribunal [9] (ERT) case rested on,” Anderson said in a phone call from the court house.

In July 2013, the ERT overturned the MOE’s decision [10] in granting a renewable energy permit to Gilead Power to build nine wind turbines on Ostrander Point.

The tribunal said the construction of roads between turbines would pose a significant risk to the endangered turtle’s habitat, making it vulnerable to predation and poaching, Anderson said..

“The turtles have to be between 20 and 25 (years old) to lay eggs, and they only lay between ten to 12 eggs. So, that is what makes them vulnerable to begin with. Uprooting their environment would only further their vulnerability,” she said.

In February 2014, the Divisional Court of Ontario slashed the ERT’s ruling [11] and gave Gilead Power the green light to start the project. So, the PECFN, along with Nature Canada [12] and South Shore Conservancy [13], went to Ontario’s top appeals court.

The PECFN has been raising money to help cover their legal fees and so far has raised over $200,000. But that won’t be enough to cover their legal fees.

“We will be asking for costs if the appeal agrees with us.  We will need much more than what we’ve raised and we think that Gilead Power and the ministry (MOE) should pay for what they’ve put us through,” said Anderson.

On Tuesday, Gilead Power with the MOE made their reply in court.

QNet News attempted to contact Gilead Power but received no response before press time.

A spokesperson for the MOE told QNet News the ministry could not comment formally on the matter because it is before the courts. However, public documents [14] given by the ministry to QNet News spells out the ministry’s position in the appeal.

Location of the prospective Ostrander Point wind farm development