Wind power opponents in the Canadian province of Ontario will soon learn if they have overcome procedural hurdles to arguing a divisional court should strike down a key provision of Ontario's very successful Green Energy Act.
The hearing on Monday Janury 24, 2011 was initally spent considering issues of jurisdiction with judges questioning counsel if the court was the right place to challenge whether human health might be harmed by wind turbines.
Counsel for Ontario's Attorney General argued any challenge must go to a tribunal set up by the provincial Environment Ministry.
However, a lawyer representing wind power opponent Ian Hanna said the tribunal can only hear appeals over specific wind projects - only the court could strike down the specific regulation itself, a move that might freeze all wind development in Ontario.
A reply from the court is expected later today with most opinion-makers under the impression that Mr. Hanna is wasting the court's time and will not be successful in what are seen to be absurb claims.
Wind power is the star in Ontario's renewable energy plan. The government wants to double its output this year and ramp it up to provide 10% of energy output over 20 years.
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