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Halman gave conditional approval to the Higgins Mountain project on May 4 of last year and was subsequently challenged in court by a community group, Project Wentworth Valley.

Gabriel noted that the court鈥檚 review of the minister鈥檚 approval took into account the fact the minister has been 鈥渓egislatively entrusted to make the decision in question.鈥�

鈥淭his is not to say that the review is a 'rubber stamp' by any means,鈥� wrote Gabriel. 鈥淭he process remains robust. It is not, however, as some authorities have pointed out, a treasure hunt for error.鈥�

Project Wentworth Valley launched the court case saying it believed Halman didn鈥檛 take into account the concerns of area residents. Specifically, it contended that the minister failed to adequately address the wind farm鈥檚 impact on mainland moose and the community鈥檚 use of the area for outdoor recreation and ecotourism.

But the court decision says Halman considered a 260-page assessment of the project, more than 2,700 pages of scientific and other documents along with public input and information through a consultation with Nova Scotia Mi鈥檏maq before granting approval.

Gabriel said the community group couched its criticisms of Halman鈥檚 decision in terms stating that he failed to 鈥渁dequately consider鈥� factors under Section 12 of the province鈥檚 Environmental Assessment Regulations. The section sets out the information that 鈥渟hall be鈥� considered by the minister.

The judge explained the group concluded that Halman acted unreasonably in deciding the terms in his decision 鈥渨ould adequately mitigate鈥� the wind farm鈥檚 adverse effects on species at risk, including the mainland moose.

鈥淔irst and with respect, this is nothing more than an attempt to subject the minister to a 'correctness' standard, which 鈥� is inapplicable here. The minister is not required to do any more than 'consider' the factors under Section 12.鈥�

Gabriel added that the minister is also not required to measure up to a standard the applicant or anyone else 鈥渕ight consider to be adequate.鈥�

鈥淭he applicant has not demonstrated that the minister鈥檚 decision, with attached conditions, was an unreasonable one,鈥� the judge concluded. 鈥淎s a consequence, this application is dismissed.鈥�

In an emailed statement, Halman said he was pleased with a court decision that 鈥渟peaks for itself鈥� as to the thoroughness of Nova Scotia鈥檚 environmental assessment process.

鈥淎s the neutral regulator, my job is to protect the environment and ensure our processes are followed,鈥� Halman said. 鈥淚 take that seriously. Nova Scotians can have confidence in that.鈥�

A representative from Project Wentworth was not immediately available for comment.

The Higgins Mountain project would erect turbines between the communities of Westchester Station, Wentworth Station and Londonderry in north-central Nova Scotia. Construction is expected to begin this year, with the project expected to be operational for 35 years beginning in 2025.

Under the province鈥檚 conditional approval, the project must do noise modelling and formulate management plans for water and erosion and for the potential effects on wildlife and birds. A monitoring plan is also required for mainland moose for at least two years.

This report by 好色tvwas first published Jan. 26, 2024.