Two Notices of Appeal have
been sent to the Secretary of the Environmental Review Tribunal
concerning the Renewable Energy Approval Number 8443-9BMG243.
The December 16, 2013 Ministry of
the Environmental approval of the Bow Lake Wind Farm will be appealed
by two Appellants on the grounds that the 36-tubine Class 4 Wind
Facility with a total capacity of 58.32 MW will cause serious harm to
human health and serious and irreversible harm to plant life, animal life
and the natural environment as defined under Section 142.1(3) of the
environmental Protection Act, RSO 1990, c E, 19 (“Act”).
The Approval Holder is Nodin
Kitagan Limited Partnership GP Corp. and Nodin Kitagan 2 Limited
Partnership (General Partners Shongwish Nodin Kitagan GP Corp. and
Shongwish Nodin Kitagan 2 GP Corp.). The Bow Lake wind project
developers have included DP Energy, Vortex Power, and BluEarth
Renewables.
The Appellants, James Fata and
2401339 Ontario Ltd. (a corporation resident in Ontario), are
requesting a stay of the Renewable Energy Approval under Section 143
(2) of the Act and that the Environmental Review Tribunal revoke the
Ministry of the Environment Director’s decision to approve the Bow Lake
project. Appellant, James Fata, will raise the constitutional
question as to whether the Renewable Energy Approval of the Bow
Lake project has violated his right to security of the person as
granted under Section 7 of the Canadian Charter of Rights and Freedoms.
George Browne,
Co-Chair, Lake Superior Action Research
Conservation (LSARC)
Gillan Richards, Executive Member Save Ontario’s Algoma Region (SOAR)