Fish­er­men try­ing to over­turn ap­proval of ti­dal tur­bine

Cape Breton Post - - NEWS -

HALIFAX — A group of Nova Sco­tia fish­er­men was in court Wed­nes­day ar­gu­ing the prov­ince’s en­vi­ron­ment min­is­ter was wrong to ap­prove the in­stal­la­tion of a mas­sive ti­dal tur­bine in the Bay of Fundy.

The 1,000-tonne gen­er­a­tor was in­stalled in the Mi­nas Pas­sage in Novem­ber, but the Bay of Fundy In­shore Fish­er­men’s As­so­ci­a­tion says it wants a Supreme Court of Nova Sco­tia judge to over­turn the min­is­ter’s de­ci­sion from June 20, 2016.

David Coles, the lawyer rep­re­sent­ing the 175-mem­ber as­so­ci­a­tion, told the court En­vi­ron­ment Min­is­ter Mar­garet Miller over­stepped her author­ity be­cause the com­pany be­hind the project did not sub­mit enough sci­en­tific data about the state of the bay, as re­quired by law.

Coles says Miller’s de­ci­sion was un­rea­son­able be­cause the com­pany drafted an en­vi­ron­men­tal mon­i­tor­ing pro­gram with­out first com­pil­ing “rel­e­vant base­line data’’ about the bay’s ecosys­tem, as spelled out in the prov­ince’s en­vi­ron­men­tal reg­u­la­tions. He says there’s noth­ing in the court record to in­di­cate the min­is­ter fol­lowed through on that re­spon­si­bil­ity.

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