Tag Archives: Nova Scotia Supreme Court

Fundy fishermen lose bid to stop tidal turbine in Minas Basin

A group of Bay of Fundy fishermen have lost a bid to overturn the approval of a project in Nova Scotia’s Minas Basin. In February, the Bay of Fundy Inshore Fishermen’s Association argued in Nova Scotia Supreme Court that the province’s environment minister granted approval of the project without enough environmental data. The group, which represents 175 fishermen from Yarmouth to the New Brunswick border, says it believes the tidal energy program will harm marine life. The first turbine was deployed in November. In particular, the group has accused the operators of the turbine of failing to produce “relevant baseline data,” or a snapshot of the environmental state of the Bay of Fundy before the turbine was deployed. On Monday, Justice Heather Robertson rejected the claims by the fishermen, saying “extraordinary efforts have been made to evaluate risk” in the 2009 environmental assessment of the turbine project. click here to read the story 15:37

Nova Scotia Supreme Court Justice Jamie Campbell rules against Bay of Fundy Inshore Fishermen’s Association

Bay of Fundy fishermen have failed in their bid to stop the deployment of electricity-generating tidal turbines in the Minas Basin near Parrsboro, N.S. In a ruling released today, Justice Jamie Campbell of the Nova Scotia Supreme Court said there is no evidence to suggest irreparable harm will be caused by putting the turbines in the water from now until next February. That’s when the court is scheduled to hear an appeal of the government’s decision to permit the deployment of the turbines. The Bay of Fundy Inshore Fishermen’s Association went to court last week to try to get an injunction to stop Cape Sharp Tidal Ventures from putting two test turbines in the water.  Campbell said the fishermen have legitimate concerns. But the judge also noted there was nothing to suggest that having the turbines in the water for the next four months would have a lasting impact. Read the rest here 13:32

Bay of Fundy tidal energy battle heads to court Thursday

colin-sproulThe Nova Scotia government and a company attempting to deploy two tidal turbines in the Bay of Fundy have joined forces to fight a move by a fishermen’s association to block the venture. The Bay of Fundy Inshore Fishermen’s Association is scheduled to appear Thursday in Nova Scotia Supreme Court to ask for a stay on an approval that will allow Cape Sharp Tidal Ventures to install two 16-metre-wide turbines at the bottom of the Minas Passage. Cape Sharp Tidal is a partnership between Halifax-based Emera, parent company of Nova Scotia Power, and French-owned Open Hydro. The province and Cape Sharp Tidal want the court to dismiss the application. Read the story here 09:57

Nova Scotia fishermen were in court today to stop Bay of Fundy tidal test project

tidal turbinesA group representing 175 Nova Scotia fishermen appeared in court Thursday in a bid stop a plan to test giant electric turbines in the Bay of Fundy. The Bay of Fundy Inshore Fishermen’s Association says the Cape Sharp Tidal project is based on “junk science” and should be put on hold until a year-long study can establish a scientific baseline for the state of the bay.  In June, Nova Scotia’s environment minister granted approval for the installation of two, five-storey turbines on the bottom of the bay for tidal power research. The association has filed an application for a judicial review of that decision, saying the minister acted unreasonably and failed to adequately consider evidence that suggests the project requires more study. Nova Scotia Supreme Court judge Denise Boudreau said a two-day hearing on the merits of the application would begin on Feb. 1, 2017. As well, she said a hearing could be held on Oct. 20 if the association decides to file a motion seeking a stay of the minister’s decision. Link 17:02