Supreme Court of Nova Scotia denies request to stop tidal turbine deployment at FORCE

On Oct. 26, the Supreme Court of Nova Scotia announced its decision to deny a request from Bay of Fundy Inshore Fishermen’s Association to stop a planned tidal turbine deployment prior to a hearing review on project environmental concerns before the court, scheduled for February.

Based on its concerns for potential damage to the environment, the association sought to stay the province of Nova Scotia and Cape Sharp Tidal Venture Ltd. from deploying 2-MW tidal turbines at Fundy Ocean Research Center for Energy (FORCE) in the Bay of Fundy, Nova Scotia, Canada.

The February date is set for the court to hear association challenges of the project’s monitoring program, which was approved by the Nova Scotia Department of Environment.

In court documents, the association said that if the turbines are deployed before the [February] judicial review, the [environmental] damage will already have been done.

The court’s announcement on Wednesday denying the association’s request said, in part, “In the absence of evidence of the risk of irreparable harm FORCE, Cape Sharp and the Province should not be denied the benefit of proceeding based on the approvals that have been obtained.”

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Gregory B. Poindexter formerly was an associate editor for HydroWorld.com.

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