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2013-02-04 at 13:55

Review requested

By Matt Skube, Thunder Bay Television
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The battle over the proposed Big Thunder Wind Park has hit the courts again. This time it’s the province facing a legal challenge.

Horizon Wind Inc. has filed a notice of application for judicial review against the Ministry of the Environment in Ontario divisional court.

Kathleen MacKenzie, the Toronto-based company’s director of community and public affairs, said the judicial review is about Horizon's renewable energy approval application for the proposed wind farm on the Nor'Wester Mountain Range. According to MacKenzie, Horizon has amended the application several times at the request of the Ministry, but it still hasn't been deemed complete.

"We are asking the court to examine whether legislative and executive action in the Ministry of Environment has been exercised reasonably," MacKenzie said, reached by phone.

Upon completion, the ministry will post the application for a period ranging from 30 to 60 days and people can comment on the REA. Once the posting period ends, the Ministry will make it's final decision on the application. 

The Ministry of the Environment refused to comment on the case Monday, saying it’s before the court.

In 2010 the company sued the City of Thunder Bay for $126 million for refusing to approve turbine locations, but later dropped the suit when an agreement was reached with the municipality. 

The MOE has 30 days to respond. 

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Comments

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Tiredofit says:
It's pretty simple Zwig you haven't fulfilled your duty to consult with the First Nations properly. They don't want it, the government doesn't want another Oka on its hands. Take you losses and leave.

Even your deal with the city is contingent on getting First Nations approval (city memorandum 2010.207 file No. 07 005744 states you need final REA and First Nations consultation are pre-conditions to the development of blah blah blah).

You've lost!
2/4/2013 2:14:39 PM
sky high says:
Why do they have to consult with Fort William First Nations over this? You mean because they say it is traditional hunting grounds? Fort William First Nations gets their food from the same places I do, so that isn't even a consideration. This project has to go forwards and it will, you'll see
2/4/2013 5:37:25 PM
Tiredofit says:
Your really uneducated about the entire thing.. They do hunt there, however it's also sacred grounds to them. But you wouldn't understand. The consultation portion is part of the process that they must follow according to the provincial guidelines and as I pointed out, it's also a requirement in order for them to actually get the lease (contact the city and requests the document I quoted). When you've finished reading that doc, I can point in the direction of several other legal documents which prove my point.

They are about to loose millions upon millions in profits, that's what their concerned about. There was no guarantee by the province that they will in fact win the approval. They chose spend all that money trying to convince us how good everything is, oh and let's not forget that wonderful lawsuit (which is not the last of them)

Learn before making such statements please. I have!
2/4/2013 6:19:01 PM
sky high says:
Your first three words 'your really uneducated'; well you lost all credibility quickly. Anyway, they may hunt there but they are also driving a lot of 4x4 trucks on gravel roads looking for game so let's not pretend we are living in the era of Samuel Champagne. Let's get these wind turbines up!
2/4/2013 11:33:06 PM
Tiredofit says:
You're correct, however I'll blame that on my stupid autocorrect. Think what you wish Sky High, I know the truth. You sound like a Horizon rep I met who said no one uses the trail system on the proposed area, I told him that was odd as I know several people who use them all year round. So I ask this wise, well educated man, how did you determine this? Did you spend weeks monitoring the trails? Maybe use a sophisticated drone (they have money to burn, why not)? Mr Zwigs answer was because we didn't find ant garbage.... Perhaps it's because we respect the system and clean up after ourselves!

We asked him about moose, his response was doesn't matter, no one hunts up their! 12 of my native friends standing beside all chuckled, he look perplexed, then I point to my friends and said they can....

Point is, these are examples of why his REA gets returned, lack of proper information...... Kind of like you.
2/5/2013 7:05:26 AM
sky high says:
First of all there are very few moose around Tbay now so why harvest the few beautiful animals that are remaining just for sport basically? And even if there were lots, why take away from the beauty of the area by killing the moose? They can just get in their pickup trucks, which they do anyway, and hunt moose in the Nipigon area. There are people walking around on the trails so we don't need anyone shooting rifles there. May as well put up the turbines, because there are no excuses not to do so. By the way, autocorrect will never change 'you're' to 'your'.
2/5/2013 3:42:51 PM
tiredofit says:
Once again, you show how little you know. There is a decent population of moose & deer, they don't hunt for sport, they hunt for food (deer & moose). I suggest you do some reading on the ways of the First Nations or actually speak to an Elder on the Rez (I have). They only take what they need to sustain life, they have a great respect for the land and all life. We should be so lucky.

I do agree, Moose are a beautiful site, however 585ft turbines sitting atop a 600ft mountain are not.

Spin it anyway you like, YOU'RE uneducated on the true issues at hand. I suggest you update YOUR knowledge and come back and we can talk.

Actually a grammar/spell checker will correct the usage of Your're and Your in most cases, however not when you're typing on an iPhone.

Thanks for YOUR input though!
2/6/2013 9:03:51 AM
Glyder says:
Yes, because taking 3 words out of context really makes your point. Read his entire first sentence. As well, it doesn't matter how they hunt, or how they get their food. Really, what are these turbines honestly going to do for us? The amt of energy provided will be peanuts compared to what is actually needed.

And Tiredofit is right. Horizon is going to be out millions, that's why they keep fighting, and costing us more.
2/5/2013 8:27:53 AM
Dan Dan says:
I would say he "loosed" all credibility.
2/6/2013 11:03:33 PM
Tiredofit says:
I love how people nitpick to try and distract from the true facts at hand.
Thanks for coming out!
2/7/2013 5:45:03 PM
unionbay880 says:
Fort william First Nation should welcome these clean energy sources. It will help power the toxin spewing chromite smelter they want to build.
2/5/2013 6:30:09 AM
bttnk says:
This will speed up the process of putting the wind turbines in place. Shouldn't be long now. Thank goodness.
2/4/2013 2:25:31 PM
hmminteresting says:
Why do you say that? It's not like your Hydro Bill will go down, and all you've created is an inconsistend power supply along with an eye sore.
2/4/2013 3:16:18 PM
gone for good says:
Nothing wrong with them. Provided they are at least 30k from anyone or place.
2/4/2013 3:46:57 PM
citizen_kane says:
Couple years ago Horizon Wind filed suit against the City of Thunder Bay for millions; which later was later settled after they got what they wanted. Now, they're hitting up the courts again to ensure the Provincial government listens to them?
2/4/2013 4:22:13 PM
tsb says:
This whole project just gets more suspicious with each passing month. Horizon must be pretty desperate for government subsidies if they're fighting this hard to build that project.
2/4/2013 4:24:53 PM
Neebing1414 says:
they are fighting a lost cause.. once the public found out about the closed door meeting they had, most were against it.. they didn't realize it was gonna be this big of a battle but guess what thunder bay will do what it does best... fight it till the end
2/4/2013 4:48:51 PM
tbayguy009 says:
As soon as the Thunder Bay generating station upgrades were announced to be on hold, I was wondering how long it would take for this scam to surface in the media again.

It didn't take long, I see.

I sense a provincial election soon.
2/4/2013 5:16:21 PM
panzerIV says:
I think they probably have a good case. The local MPP's were quiet on the subject until right before the election. A decision should be made that is beneficial to the area, Ontario not what is best for getting a person elected.

They could use some form of argument that the government hasn't done its due diligence by allowing the project to be stopped for the good of the MPP. Could be a conflict of interest because of the positions held by the local MPP and the timing behind it.

I'm no lawyer, but that's what I would be trying to find.
2/4/2013 5:20:34 PM
shiho says:
interesting that Horizon has amended their application several times at the request of the Ministry

Maybe the problem isnt the Ministry, but perhaps its Horizons reports/applications that arent good enough?

Seems like every other windfarm in Ontario is getting approval
2/4/2013 7:14:02 PM
vimeo says:
hahaha, remember when they were our "friends"? Remember all the wind supporters who lambasted all the opposers to this project saying they were whiners and blamed the Bonds about a money grab? Peanuts compared to this.

He launched a lawsuit against the city, now this. How much more proof to see that this guy is only in it for the money and will use his money and lawyers to plow through anything and anyone to get what he wants.

Game on.
2/4/2013 9:20:17 PM
brooky says:
Of course "this guy is only in it for the money". Show me a businessman that isn't.
2/5/2013 6:26:41 PM
Dr.Feelgood says:
Horizon should get Reese Witherspoon on the case. I saw a movie one time where she just OWNED the courtroom. I think it was reality tv.
2/4/2013 9:33:45 PM
shiho says:
no matter how much lipstick they smear on this pig of a project, its still a pig

This project has been through multiple draft reports and applications yet cant get it right

So whats wrong?
Start at the beginning with the City and land disposal without proper process of open tenders
Then add a dose of Green Energy Act taking away citizen rights
stir it up with a weak City Council who cave under 126 million SLAPP (aka the lawsuit)
Bake for a year without any information and let cool with the MOE for 5 months.

Everythings wrong - but the MOE is not to blame for this
2/4/2013 10:52:57 PM
myspace_ says:
to "hmminteresting says": Not everyone sees them as an eyesore. I don't find the look of them offensive or ugly at all.
2/5/2013 9:14:07 AM
Vanity says:
Clean renewable energy....what's not to like?

Sooner they are up and running the better.
2/5/2013 9:48:40 AM
jhsbassman says:
I can't believe there's anyone out there who believes that anything positive can be said about these monsters. Do the research on any of the claims by the wind companies, and you'll find nothing but lies or misleading statements.

What's most troubling is that our government is complicit in the deception.
2/5/2013 9:57:15 AM
tdub says:
These locals cook up a huge stink, and write letters to the MOE,MNR and their MPP's. They might hear it, see it, and a bird might hit it but that's the extent of their impact. Some locals want to be compensated others just want to throw their weight around.
2/5/2013 2:46:24 PM
jimmyboy says:
WOW...talk about the crowd being divided...so with that said and out of the way...I would think that this issue will end up in court once again...if upon completion, when the ministry posts the application for a period ranging from 30 to 60 days and when the people come forward with their comments on the REA. and then when the posting period ends, and the Ministry then makes it's final decision on the application...if the decision is against Horizon Wind...there is always the appeal process that they can reply upon...so if anyone thinks or believes this is coming to a final conclusion or end...sorry to break it too you all...this is only the beginning of another round...this entire issue regarding the project will not be finally settled in my opinion for a few more years...so lets not all figure its over...because that will not be the case in 2 months time from now...just watch and see.!!!
Tbnewswatch.com

2/5/2013 9:08:03 PM
tiredofit says:
The problem is Jimmy, they (Horizon) have a deadline imposed on them by the city. They need to have the first turbine up and running no later than August 2014 otherwise they lose the lease.

It's evident by their own statement, they can't get it right, the ministry keeps returning it incomplete because they keep missing important things, one of them being the lack of proper consultation with the First Nations as it directly affect them. Its all part of the process and this part they've failed on. Both the FWFN & Neebing Township have publicly stated, they do not support the project.

FWFN have made it clear, they will do whatever it takes to stop this in it's tracks, agree or disagree, it's their land (read the history of the land agreement) come 2035, they have first right of refusal when it reverts. The land and mountain will be destroyed by this company and the city will be on the hook for the disposal of all turbines at an enormous cost.

Only winner is Horizon. $$$$$$$$
2/6/2013 8:53:18 AM
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