Eastern Lake Ontario Environmental Research Group 2000 (cont'd from eloerg.tripod.com/waupoos)

Continuing corporate windpower malfeasance: Windstream and Trillium Corp, Feb 2016

Slide to Extinction, Chris Humphrey, letter to Globe, October 31, 2018
Peter Galbraith, FRCP, obituary, October 2017
White Pines on Death Bed, Bruce Bell, Intelligencer, July 17,2018
Thucydides Trap, letter to Globe, May 2018
Great Lakes toxics down, SUNY Oswego/Clarkson U, April 2018
Machine subversion of democracy, letter to Globe, April 2018
Air Pollution overrides Ancestral Genes, Globe, March 2018
Olympian Cathal Kelly, letter to Globe, March 2018
Environmentalists seeking unemployment, letter to Globe, February 2018
Less is more on Bike Lanes, National Post, January 2018
Tramadol, 10 years on, Globe and Mail, November 2017
White Stripes: Belleville bicycle lanes, letters, November 2017
Occupational Cancers, CCO research results, Globe and Mail, October 2017
Big Pharmoney and Canadian Drug Use Guidelines, Globe and Mail, June 21, 2017, Kelly Grant
Oxycontin, 20 years on, letter to Globe, May 2017
Lake Ontario wind turbines to remain on hold? Feb 2017
Obituary, Raold Serebrin, September 2016
Sartorial slip or signal? letter to Globe editor, October 2016
Weapons of mass distraction, letter to Globe editor, Oct 2016
Point O turbines 99% Down the Drain, CCSAGE, July 7, 2016
Point O turbines Dead and Damned, PECFN, July 6, 2016
Rabid diplomat, letter to Globe, May, 2016
More on bats: rabid rocker? letter to Globe, January 2016
Lighthouses of eastern Lake Ontario, new book by Marc Seguin, March 2016
Continuing corporate windpower malfeasance: Windstream and Trillium Corp, Feb 2016
Amherst Island: the next fine mess, Feb 2016
Valerie Langer: Thirty years of effort pays off on the B.C. coast, Feb 1,2016
Trillium log, 6th annual ELO expedtion, September 2015
Trillium Wind Corp intent on Spoliation of eastern Lake Ontario and Main Duck Isle, June 2015
Turtles rule? Ontario Court of Appeal Decision: Turtlegate, April 2015
Obituaries, Mary Terrance (Luke) Hill, January 2015; Valerie Ingrid (Hill) Kaldes, July 2015
Ontario Court of Appeal turtle hearing, December 2014
Trillium Log, 5th annual ELO expedition, September 2014
Planetary public health manifesto, The Lancet, March 2014
Ostrander Bioblitz, butterfly inventory walk, August 10, 2014
Victory at Cape Vincent: British Petroleum withdraws turbine proposal, February 2014
Stay of execution granted by Ontario Court of Appeal, March 2014
Never say die: Will the Court of Appeal let the Ostrander Phoenix fly free again? March 2014
Divisional Court ruling in Ostrander: turtles belly up, Trojan horses win, February 2014
Lafarge 2020, pushing the air envelope again, Hazardous waste as cement kiln fuel proposal, Jan2014
Another fine mess in Port Hope: municipal waste incinerator proposal, January 2014
Ostrander: fiasco, or snafu? you decide, December 2013
Ostrander rises again, Noli illegitimi carborundum, December 2013
British Petroleum backing off Cape Vincent after a decade of aggression? December 2013
Turbines best Bald Eagles in U.S law, December 2013
SARStock 10 years after, letter to editor, August 2003
Trillium log September 2013: Surfin' USA: Hanging Ten in a Hughes 29
ERT Post mortem: Garth Manning lets it all hang out, August 2013
ERT post mortem: Cheryl Anderson lets it all hang out, August 2013
ERT Post Mortem: Ian Dubin lets it all hang out, August 2013
Great Lakes United turns thirty, goes down, RIP GLU, July 29, 2013
ERT decision, Ostrander turns turtle, goes down, July 3, 2013
PECFN Thankyou, and Appeal for funds, July 6, 2013
Minister of Env on Lake Ontario Off shore wind turbine status, June 2013
Lake Ontario water level control plan, June 2013
Play by Play, Part II, APPEC Ostrander ERT Appeal, June 2013
Ostrander ERT June 2013, Appendix VI, an indirect cause of human morbidity and mortality ?
ELOERG Presentation to Ostrander ERT, Part II, Human Health, May 2013
The Dirty E-Word, Terry Sprague, Picton Gazette, April 2013
Toxics in Great Lakes Plastic Pollution, April 2013
Bill Evans on Birds and Wind farms, April 2013
Mayday, Naval Marine Archive, April 2013
Experimental Lakes Area, Kenora, Closing by Federal Gov't, March 2013
Fishing Lease Phase out on Prince Edward Point, March 2013
Windstream makes $1/2 Billion NAFTA claim, March 2013
Play by Play, PECFN Ostrander ERT Appeal, March 2013
Offshore Wind turbine moratorium 2 years later, The Star, Feb 2013
ELOERG ERT submission on Ostrander: Appendix V: Pushing the Envelope of the MoE SEV, Feb 2013
Wente on Wind and Bald Eagle mugging, Globe and Mail, February 2, 2013
Sprague on Wind and Bald Eagle mugging, Picton Gazette, Jan 25, 2013
Cry Me a River over a Few Bats: Submission to Env Review Tribunal, ELOERG, January 2013
Lake Ontario's Troubled Waters: U of Michigan GLEAM, January 2013
Letter to Minister of Environment re: Ostrander, January 2013
No Balm in Gilead: Ostrander IWT's as Trojan Horses, January 2013
Ostrander Turbines: another Christmas gift by the MoE, Dec 2012
Occupational carcinogens: Ontario Blue Collar breast cancer study, November 2012
Fresh water fish Extinctions, Scientific American,November 2012
Great Lakes Toxics revisited, November 2012
Frack the What ? November 2012
$ 2 1/4 Billion Trillium Power lawsuit knockback Appeal, November 2012
Canada Centre for Inland Waters decimated, October 2012
Birds, Bats, Turbines, and the Environmental Commissioner of Ontario, October 2012
Ecological public health, the 21st centurys big idea? British MedicalJournal Sept1,2012
Trillium log, Sept 2012
George Prevost, Saviour of the Canadas, 1812 - 1814. June 2012
The Victory at Picton: Bicentennial Conference on War of 1812-1814, Differing Perspectives, May 2012
Carleton Island and the 1812, letter to the Globe, October 2011
Queen's Fine Arts Department Succumbs, letter to Principal, December 2011
Mr. Kumar and the Super 30, November 2011
Letters, Articles and Projects from the Nineties
Alban Goddard Hill, web site manager

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Canada faces $568-million NAFTA claim by Windstream Energy

Richard Blackwell

The Globe and Mail

Published Sunday, Feb. 14, 2016 6:34PM EST

A panel of international arbitrators is beginning a hearing Monday into a massive NAFTA claim by a company that says its planned offshore wind energy project in Lake Ontario was unfairly cancelled.

Windstream Energy LLC is asking for damages of up to $568-million, claiming that its proposed 100-turbine wind farm five kilometres offshore near Kingston had the legs knocked out from under it when the Ontario government suddenly announced a moratorium on offshore wind developments in February, 2011.

The case pits U.S.-based Windstream against the Government of Canada, rather than Ontario, because under the NAFTA process Ottawa is considered to be responsible for the actions of the provinces. The claim was filed under the “Chapter 11” investor protection sections of NAFTA.

The slow-moving arbitration process has been under way since Windstream first filed a notice of intent to submit a claim in 2012, but it is just now going to a hearing. A three-member panel convened by the Netherlands-based Permanent Court of Arbitration is set to hear arguments at a dispute resolution centre in downtown Toronto. The panelists are investment treaty law experts from Finland, Spain and the United States. Two weeks have been set aside for the hearing.

In its claim, Windstream says it had signed a power contract with Ontario’s power authority and had posted $6-million as security, before the moratorium was announced. Under NAFTA, investments by U.S. companies in Canada cannot be expropriated without compensation, Windstream said in its claim, and the moratorium amounted to an expropriation that made its investment in the wind project worthless.

In its filings with the tribunal, the federal government said Ontario had the “right to proceed with caution” on offshore wind, and NAFTA doesn’t prohibit “reasonable regulatory delays.” The Windstream project was high-risk in any event, the government submission says, and it had no investment value because it could never have been built within the deadlines of the contract.

Under NAFTA, there have been about a dozen Canadian investment disputes that have gone to arbitration and been ruled on or settled. Trade lawyer Larry Herman of Herman & Associates said the government has lost a few, but “the general trend in these investment arbitrations has been to recognize that governments – when it comes to health and environmental protection and various other areas where the public good is at issue – have a right to regulate.”

In the few claims that have succeeded, the financial amounts awarded to the claimants were relatively low, he said.

There is one other NAFTA claim in progress that involves Canadian wind farms. Texas oil billionaire T. Boone Pickens’s company Mesa Power Group LLC has demanded more than $600-million because it failed to get Ontario contracts for four proposed on-shore wind power projects.

Mesa said political interference doomed its plans, and that preferential treatment was given to other companies. The case was heard by a NAFTA arbitration tribunal in October, 2014, but a ruling has not yet been issued.

One non-NAFTA dispute over Ontario’s offshore wind moratorium involves Toronto-based Trillium Power Wind Corp., which, like Windstream, had planned a project in Lake Ontario near Kingston. It sued the Ontario government for putting the moratorium in place just as it was about to sign a big financing deal for the project.

Trillium’s initial claim, filed in Ontario Superior Court in 2011, demanded $2.25-billion in damages from the government, but most of the grounds for the suit were thrown out of court. However, in 2013, the Ontario Court of Appeal said the company could go ahead with one specific allegation – that the government’s decision amounted to “malfeasance in public office.” The case has not yet gone to trial.

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Eastern Lake Ontario Environmental Research Group