MOECC facing lawsuit about wind turbine noise

The Ministry of the Environment and Climate Change (MOECC) has been sued over the failure to protect the public from industrial wind turbine noise.

The Eric K. Gillespie Professional Corporation says a judicial review application has been filed against the 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 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,” stated Eric Gillespie, legal counsel for the court applicant, in a press release.

The Eric K. Gillespie Professional Corporation says 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 Eric K. Gillespie Professional Corporation says 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.

“We do not take this step lightly,” stated 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, 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. We appreciate the collaborative efforts in this application, of citizens in the other affected communities in Ontario – North Stormont, La Nation, and Wallaceburg.”

A press conference is scheduled in Wallaceburg at 10 a.m.

Watch for more on this story.

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