Sunday, April 28, 2013

Green Energy Act Lawsuits / Minister plans to tweak Long-Term Energy Plan

Green Energy Act Lawsuits 

Minister plans to tweak Long-Term Energy Plan.

Over the past days, weeks, months and years much has been written about the Green Energy and Green Economy Act (Act) and how it has driven up Ontario's cost of electricity, caused property values to fall, created health problems and also destroyed nature. The evidence has continued to mount that the Act has also created dissension in rural communities and caused neighbours to sue neighbours for leasing land to wind developers.

While those “neighbour against neighbour” lawsuits work their way through our judicial system, lurking in the background are other actions that potentially make the “gas plant” moves look cheap. The Province is being sued on several fronts as is the Federal Government! The latter is being sued under the North American Free Trade Agreement (NAFTA) due to provisions in the Act related to the requirement for local content, whereas the Province is being sued through the Provincial Courts for actions caused by their offshore wind “moratorium” and their rejigging of onshore contracts.

The largest lawsuit ($2.25 billion) against the Province was brought by Trillium Wind Power in respect to an offshore wind development for which it didn't even have a contract with the Ontario Power Authority (OPA) but held a, “Applicant of Record” letter from the Ministry of Natural Resources (MNR). While an Ontario Court has struck down that lawsuit the company is reportedly appealing it.

In an article in the Toronto Star on February 15, 2013 the issue of the, on again, off again, moratorium on wind development in the Great Lakes is explored and it would appear that no early resolution is in sight on whether the moratorium will or will not be lifted. Studies completed by the MNR on offshore wind are not conclusive! As has been the case for the Liberals planning since first elected; they announce their policy and wait for the fallout! Logic suggests studies should be completed before a policy is developed but that appears to run counter to Liberal strategy.
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