January 25, 2018 - Toronto, Ontario - A judicial review application has been filed
against the Ministry of the Environment and Climate Change ("MOECC") in the Divisional
Court in Toronto. The application alleges Ontario regulations and directives limit
the amount of noise any residence in the province should have to tolerate from a
wind project. Modelling is used to predict these impacts.
The MOECC has admitted previous guidelines resulted in underestimates of the noise
at nearby homes. However, without any evidence that this was necessary, the MOECC
has allowed companies promoting at least five large-scale wind projects to ignore
new government guidelines. The result is hundreds of Ontario residents near these
planned turbines could be living next to turbines that produce noise out of compliance
with government regulations. If these projects, located in various parts of Ontario,
were required to comply with the new guidelines, it is estimated up to three-quarters
of these turbines would have to be relocated or removed.
"The government knows the modeling done by wind companies is wrong. However, the
government now doesn't require them to follow the proper process. It's not surprising
people from across Ontario are joining together to vigorously oppose this" said
Eric Gillespie, legal counsel for the court applicant.
"We do not take this step lightly," commented Bonnie Rowe, spokesperson for Dutton
Dunwich Opponents of Wind Turbines, applicant in this suit. "But we estimate that
these five proposed wind power projects will be out of compliance with noise levels
as soon as they go on-line. In the Dutton Dunwich case, the majority of the proposed
turbines, as well as the transformer, will likely produce noise over the MOECC maximum
allowable levels. That is just unacceptable, especially to the many citizens living
nearby, who will be forced to endure that noise."
"The Concerned Citizens of North Stormont are in complete support of this legal
challenge," said spokesperson Margaret Benke. "Protection of the health and safety
of well over 1200 local residents is our main concern and we feel that the MOECC
must be held to account."
"We fully support this legal action," said Julie Leroux, spokesperson for Save the
Nation. "By allowing the construction of the Eastern Fields project, according to
outdated noise regulations, the MOECC would deny protection of health and wellbeing
for hundreds of local residents, for the next 20 years. We strongly feel that this
"Based on what information the public has been provided so far, it appears most
of the turbines will be out of compliance" said Wallaceburg Area Wind Concerns spokesperson,
Violet Towell. "We believe many Wallaceburg and area citizens will suffer unnecessary
hardship if this project is allowed to continue, and we fully endorse this judicial