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CMAJ on PMRA, November 2023 |
EV as empty vessel in car sewers, Eric Reguly, Globe & Mail, May 20, 2023 |
Comic Piccini opera, Redux, Ontario auditor general Env Report, Globe & Mail, May 18, 2023 |
Venal or Venial? letter to Globe, May 16, 2023 |
"Cry me a river over a few bats", Redux, Globe & Mail, May 12,2023 |
Greenbelt "Scam": Barbarian Ford invasions, Globe & Mail, May 12, 2023 |
Barbarian Ford invasions case: City of Belleville Bell Creek dvlpt, Intelligencer, April 25, 2023 |
Road building projects in Wales, UK, cancelled as climate clangers, the Guardian, Feb 14, 2023 |
Unpublshed letter to Globe, 1996 opioids revisited, February 6, 2023 |
Cathal Kelly on climate charade, Globe & Mail, January 27, 2023 |
Ontario Bill 23, letter to the Premier, and Todd Smith MPP, Nov 24, 2022 |
Canola conundrum, letter to Globe & Mail, October 2022 |
3rd (Canadian) arm of U.S. Air Pollution Health Effects Study, the Guardian, Aug 12, 2022 |
Atomic awe and Boris blight, letter to Globe, July 11, 2022 |
Your !!*^%! car, Part II, Globe and Mail editorial, July 16, 2022 |
Your !!*^%! car, Part I, Globe and Mail, June 20, 2022 |
CAPE report on fossil fuels, Globe and Mail, June 9, 2022 |
Traffic Air Pollution Health Effects report, CAPE, April 2022 |
EU Bans Toxics, the Guardian, April 2022 |
Comic Piccini opera: Ontario Auditor General Environment Report, November 2021 |
......RIP Trillium...... November 16, 2021 |
Covid-19 Parlour Sessions 2020/2021, April 1, 2021 |
Mitch Podoluk, Obituary, Globe and Mail, September 2019 |
Notice to (Big Bay) Mariners, August 2019 |
Air Head, Globe and Mail, August 2019 |
Leon Redbone, RIP, June 2019 |
Ontario Endangered Species Act at risk, letter to Rod Phillips, April 2019 |
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 Globe, 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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Enter supporting content here
Eastern Lake Ontario Environmental Research Group
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