Rich nations offer 15-21 per cent CO2 cuts by 2020

By Reuters


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Industrialized nations excluding the United States are planning cuts in greenhouse gas emissions of between 15 and 21 percent below 1990 levels by 2020 under a new U.N. climate pact.

The numbers, issued to delegates at August 10-14 U.N. climate talks in Bonn, fall short of cuts of between 25 and 40 percent outlined by a U.N. panel of scientists to avert the worst of global warming such as heatwaves, floods and rising sea levels.

"Emissions... are expected to be between 15 and 21 percent below 1990 levels by 2020," the U.N. Climate Secretariat said of the figures, compiled from widely differing plans by nations including Russia, Japan, Canada and European Union members.

Overall emissions by the 39 industrialized nations, based on the existing plans, would fall to the equivalent of between 10.71 and 9.86 billion metric tons of carbon dioxide in 2020 from 12.53 billion metric tons in 1990.

The data excludes the United States, the top greenhouse gas emitter after China, which is outside the current Kyoto Protocol obliging all other industrialized nations to cut emissions by an average of at least 5 percent below 1990 levels by 2008-12.

The 2020 numbers include a promise by New Zealand to cut emissions by 10-20 percent. Environmentalists criticized that goal for hinging on conditions such as agreement at U.N. talks in Copenhagen in December on a strong new climate deal.

The EU, Switzerland, Norway and Liechtenstein are offering the deepest cuts — some with strings attached — according to the plans. Canada, Japan, Belarus and Russia are among those planning smaller reductions.

Inclusion of the United States would reduce the overall ambition since President Barack Obama aims to return U.S. emissions to 1990 levels by 2020, a cut of about 14 percent from current levels after a sharp rise since 1990.

Former President George W. Bush said Kyoto would be too costly and wrongly excluded 2012 targets for developing nations such as China, India and Brazil.

National submissions use widely varying assumptions, such as the use of forests that soak up carbon dioxide as they grow. Including changes in land use and forestry, emissions would fall by between 13 and 20 percent by 2020, the data show.

Yvo de Boer, head of the U.N. Climate Change Secretariat, said earlier 2020 pledges were "miles away" from the ambition needed to meet a goal by Group of Eight leaders at a July summit in Italy to cut emissions by 80 percent by 2050.

He also told Reuters the Bonn talks among 180 nations had "got off to a good start" to address huge tasks such as shortening a contentious 200-page draft text for a global U.N. climate accord to succeed Kyoto in Copenhagen.

The chief climate negotiator for Sweden, which holds the rotating presidency of the European Union, saw signs of hope.

"I think we have a slightly positive dynamic," Anders Turesson told Reuters. "On some issues I can sense some progress."

He welcomed the fact major emitters at a summit last month in Italy, including the G8 and China and India, had backed a broad scientific view that global warming should be limited to below 2 Celsius (3.6 Fahrenheit) above pre-industrial times.

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UK homes can become virtual power plants to avoid outages

Demand Flexibility Service rewards households and businesses for shifting peak-time electricity use, enhancing grid balancing, energy security, and net zero goals with ESO and Ofgem support, virtual power plants, and 2GW capacity this winter.

 

Key Points

A grid program paying homes and businesses to shift peak demand, boosting energy security and lowering winter costs.

✅ Pays £3,000/MWh for reduced peak-time usage

✅ Targets at least 2GW via virtual power plants

✅ Rolled out by suppliers with Ofgem and ESO

 

This month we published our analysis of the British electricity system this winter. Our message is clear: in the base case our analysis indicates that supply margins are expected to be adequate, however this winter will undoubtedly be challenging, with high winter energy costs adding pressure. Therefore, all of us in the electricity system operator (ESO) are working round the clock to manage the system, ensure the flow of energy and do our bit to keep costs down for consumers.

One of the tools we have developed is the demand flexibility service, designed to complement efforts to end the link between gas and electricity prices and reduce bills. From November, this new capability will reward homes and businesses for shifting their electricity consumption at peak times. And we are working with the government, businesses and energy providers to encourage as high a level of take-up as possible. We are confident this innovative approach can provide at least 2 gigawatts of power – about a million homes’ worth.

What began as an initiative to help achieve net zero and keep costs down is also proving to be an important tool in ensuring Britain’s energy security, alongside the Energy Security Bill progressing into law.

We are particularly keen to get businesses involved right across Britain. When the Guardian first reported on this service we had calls from businesses ranging from multinationals to an owner of a fish and chip shop asking how they could do their bit and get signed up.

We can now confirm our proposals for how much people and businesses can be paid for shifting their electricity use outside peak times. We anticipate paying a rate of £3,000 per megawatt hour, reflecting the dynamics of UK natural gas and electricity markets today. Businesses and homes can become virtual power plants and, crucially, get paid like one too. For a consumer that could mean a typical household could save approximately £100, and industrial and commercial businesses with larger energy usage could save multiples of this.

We are working with Ofgem to get this scheme launched in November and for it to be rolled out through energy suppliers. If you are interested in participating, or understanding what you could get paid, please contact your energy supplier.

Innovations such as these have never mattered more. Vladimir Putin’s unlawful aggression means we are facing unprecedented energy market volatility, across the continent where Europe’s worst energy nightmare is becoming reality, and pressures on energy supplies this winter.

As a result of Russia’s war in Ukraine, European gas is scarce and prices are high, prompting Europe to weigh emergency measures to limit electricity prices amid the crisis. Alongside this, France’s nuclear fleet has experienced a higher number of outages than expected. Energy shortages in Europe could have knock-on implications for energy supply in Britain.

We have put in place additional contingency arrangements for this winter. For example, the ability to call on generators to fire-up emergency coal units, even as the crisis is a wake-up call to ditch fossil fuels for many, giving Britain 2GW of additional capacity.

We need to be clear, it is possible that without these measures supply could be interrupted for some customers for limited periods of time. This could eventually force us to initiate a temporary rota of planned electricity outages, meaning that some customers could be without power for up to three hours at a time through a process called the electricity supply emergency code (ESEC).

Under the ESEC process we would advise the public the day before any disconnections. We are working with government and industry on planning for this so that the message can be spread across all communities as quickly and accurately as possible. This would include press conferences, social media campaigns, and working with influencers in different communities.

 

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China boosts wind energy, photovoltaic and concentrated solar power

China Renewable Energy Law drives growth in wind power, solar thermal, and photovoltaic capacity, supporting grid integration and five-year plans, even as China leads CO2 emissions, with policy incentives, compliance inspections, and national resource assessments.

 

Key Points

A legal framework that speeds wind, solar thermal, and PV growth in China via mandates, incentives, and grid rules.

✅ 2018 renewables: 1.87T kWh, 26.7% of national power

✅ Over 100 State Council policies enabling deployment

✅ Law inspections and regional oversight across six provinces

 

China leads renewable energies, installing more wind power, solar thermal and photovoltaic than any other country, as seen in the China solar PV growth reported in 2016, but also leads CO2 emissions, and much remains to be done.

The effective application of Chinas renewable energy law has boosted the use of renewable energy in the country and facilitated the rapid development of the sector, as solar parity across Chinese cities indicates, a report said.

The report on compliance with renewable energy law was presented today at the current bimonthly session of the Standing Committee of the National Peoples Assembly (APN).

Electricity generated by renewable energy amounted to about 1.87 trillion kilowatts per hour in 2018, representing 26.7 percent of Chinas total energy production in the year, aligning with trends where wind and solar doubling globally over five years, the report said.

Ding Zhongli, vice president of the NPC Standing Committee, presented the report to the legislators at the second plenary meeting of the session.

An inspection of the law enforcement was carried out from August to November, as U.S. renewables hit 28% record showed momentum elsewhere. A total of 21 members of the NPC Standing Committee and the NPC Environmental Protection and Resource Conservation Committee, as well as national legislators, traveled to six regions at the provincial level on inspection visits. Twelve legislative bodies at the provincial level inspected the law enforcement efforts in their jurisdictions.

The relevant State Council agencies have implemented more than 100 regulations and policies to foster a good policy environment for the development of renewable energy, as seen in markets where U.S. renewable electricity surpassed coal in 2022. Local regulations have also been formulated based on local conditions, according to the report.

In accordance with the law, a thorough investigation of the national conditions of renewable energy resources was undertaken.

In 2008 and 2014 atlas of solar energy resources and wind energy evaluation of China were issued. The relevant agencies of the State Council have also implemented five-year plans for the development of renewable energy, which have provided guidance to the sector, while countries like Ireland's one-third green power target remain in focus within four years.

The main provisions of the law have been met, the law has been effectively applied and the purpose of the legislation has been met, and this momentum is echoed abroad, with U.S. renewables near one-fourth according to projections, Ding said.

 

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Joni Ernst calls Trump's wind turbine cancer claim 'ridiculous'

Wind Turbine Cancer Claim debunked: Iowa Republican senators back wind energy as fact-checks and DOE research find no link between turbine noise and cancer, limited effects on property values, and manageable wildlife impacts.

 

Key Points

Claims that turbine noise causes cancer, dismissed by studies and officials as unsupported by evidence.

✅ Grassley and Ernst call the claim idiotic and ridiculous

✅ DOE studies find no cancer link; property impacts limited

✅ Wildlife impacts mitigated; climate change poses larger risks

 

President Donald Trump may not be a fan of wind turbines, as shown by his pledge to scrap offshore wind projects earlier, suggesting that the noise they produce may cause cancer, but Iowa's Republican senators are big fans of wind energy.

Sen. Chuck Grassley called Trump's cancer claim "idiotic." On Thursday, Sen. Joni Ernst called the statement "ridiculous."

"I would say it's ridiculous. It's ridiculous," Ernst said, according to WHO-TV.

She likened the claim that wind turbine noise causes cancer to the idea that church bells do the same.

"I have church bells that ring all the time across from my office here in D.C. and I know that noise doesn't give me cancer, otherwise I'd have 'church bell cancer,'" Ernst said, adding that she is "thrilled" to have wind energy generation in Iowa, which aligns with a quarter-million wind jobs forecast nationwide. "I don't know what the president is drawing from."

Trump has a history of degrading wind energy and wind turbines that dates back long before his Tuesday claim that turbines harm property values and cause cancer, and often overlooks Texas grid constraints that can force turbines offline at times.

Not only are wind farms disgusting looking, but even worse they are bad for people's health.

"Not only are wind farms disgusting looking, but even worse, they are bad for people's health," Trump tweeted back in 2012.

Repeated fact-checks have found no scientific evidence to support the claim that wind turbines and the noise they make can cause cancer. The White House has reportedly provided no evidence to support Trump's cancer claim when asked this week

"It just seems like every time you turn around there's another thing the president is saying -- wind power causes cancer, I associate myself with the remarks of Chairman Grassley -- it's an 'idiotic' statement," Pelosi said in her weekly news conference on Thursday.

The president made his latest claim about wind turbines in a speech on Tuesday at a Republican spring dinner, as the industry continued recovering from the COVID-19 crisis that hit solar and wind energy.

"If you have a windmill anywhere near your house, congratulations, your house just went down 75 percent in value -- and they say the noise causes cancer," Trump said Tuesday, swinging his arm in a circle and making a cranking sound to imitate the noise of windmill blades. "And of course it's like a graveyard for birds. If you love birds, you never want to walk under a windmill. It’s a sad, sad sight."

Wind turbines are not, in fact, proven to have widespread negative impacts on property values, according to the Department of Energy's Office of Scientific and Technical Information in the largest study done so far in the U.S., even as some warn that a solar ITC extension could be devastating for the wind market, and there is no peer-reviewed data to back up the claim that the noise causes cancer.

I am considered a world-class expert in tourism. When you say, 'Where is the expert and where is the evidence?' I say: I am the evidence.

It's true wildlife is affected by wind turbines -- particularly birds and bats, with research showing whooping cranes avoid turbines when selecting stopover sites. One study estimated between 140,000 and 328,000 birds are killed annually by collisions with turbines across the U.S. The U.S. Energy Information Administration estimated, however, that other human-related impacts also contribute to declines in population.

The wind industry works with biologists to find solutions to the impact of turbines on wildlife, and the Department of Energy awards grants each year to researchers addressing the issue, even as the sector faced pandemic investment risks in 2020. But, overall, scientists warn that climate change itself is a bigger threat to bird populations than wind turbines, according to the National Audobon Society.

Speaker Nancy Pelosi: "It just seems like every time you turn around, there's another thing. The president is saying wind power causes cancer. I associate myself with the remarks of Chairman Grassley; It's an 'idiotic' statement"

 

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Court quashes government cancellation of wind farm near Cornwall

Nation Rise Wind Farm Ruling overturns Ontario cancellation, as Superior Court finds the minister's decision unreasonable; EDP Renewables restarts 100-megawatt project near Cornwall, citing jobs, clean energy, and procedural fairness over bat habitat concerns.

 

Key Points

Ontario court quashes cancellation, letting EDP Renewables finish 100 MW Nation Rise project and resume clean energy.

✅ Judges call minister's decision unreasonable, unfair

✅ EDP Renewables to restart construction near Cornwall

✅ 100 MW, 29 turbines; costs awarded, appeal considered

 

Construction of a wind farm in eastern Ontario, as wind power makes gains nationwide, will move ahead after a court quashed a provincial government decision to cancel the project.

In a ruling released Wednesday, a panel of Ontario Superior Court judges said the province's decision to scrap the Nation Rise Wind Farm in December 2019 did not meet the proper requirements.

At the time, Environment Minister Jeff Yurek revoked the approvals of the project near Cornwall, Ont., citing the risk to three bat species.

That decision came despite a ruling from the province's Environmental Review Tribunal that determined the risk the project posed to the bat population was negligible.

The judges said the minister's decision was "unreasonable" and "procedurally unfair."

"The decision does not meet requirements of transparency, justification, and intelligibility, as the Minister has failed to adequately explain his decision," the judges wrote in their decision.

The company behind the project, EDP Renewables, said the 29-turbine wind farm was almost complete when its approval was revoked in December, even as Alberta saw TransAlta scrap a wind farm in a separate development.

The company said Thursday it plans to restart construction on the 100-megawatt wind farm.

"EDPR is eager to recommence construction of the Nation Rise Wind Farm, which will bring much-needed jobs and investment to the community," the company said in a statement. "This delay has resulted in unnecessary expenditures to-date, at a time when governments and businesses should be focused on reducing costs and restarting the economy."

A spokesman for Yurek said the government is disappointed with the outcome of the case but did not comment on a possible appeal.

"At this time, we are reviewing the decision and are carefully considering our next steps," Andrew Buttigieg said in a statement.

NDP climate change critic Peter Tabuns said the court decision is an embarrassment for the minister and the government. He urged the government not to pursue an appeal.

Yurek "was found to have ignored the evidence and the facts," he said. "They didn't just lose, their case collapsed. They had nothing to stand on. Taking this to appeal would be a complete and total waste of money."

Green party Leader Mike Schreiner said the ruling proves the government was acting based on ideology over evidence when it revoked the project's approval.

"As we shift towards a post-COVID recovery, we need the Ford government to give up the irrational crusade against affordable and reliable clean energy," Schreiner said in a statement.

Last year, the NDP revealed the province had spent $231 million to cancel more than 750 renewable energy contracts, a move Ford said he was proud of, shortly after winning the 2018 election.

The Progressive Conservatives have blamed the previous Liberal government, as leadership candidates debate how to fix power, for signing the bad energy deals while the province had an oversupply of electricity.

The Ford government, amid a new stance on wind power, has also said that by cancelling the contracts it would ultimately save ratepayers $790 million -- a figure industry officials have disputed.

At the time of the wind farm cancellation, the government also said it would introduce legislation that would protect consumers from any costs incurred, though a developer warned cancellations could exceed $100M at the time.

It has since acknowledged it will have to pay some companies to cancel the deals and set aside $231 million to reach agreements with those firms, and more recently has moved to reintroduce renewable projects in some cases.

On Wednesday, the judges awarded Nation Rise $126,500 in costs, which the government will have to pay.

 

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New Jersey, New York suspending utility shut-offs amid coronavirus pandemic

NY & NJ Utility Shutoff Moratorium suspends power, heat, and water disconnections amid COVID-19, as PSEG, Con Edison, Avangrid, and American Water pledge relief, supporting vulnerable customers with payment plans and health protections.

 

Key Points

A temporary pause on power, heat, and water shutoffs during COVID-19, as major utilities act to protect affected customers.

✅ Applies to power, gas, and water; restores prior shutoffs.

✅ Voluntary utility action; no PSC order required in NY.

✅ Initial moratorium runs through April; payment plans available.

 

New Jersey and New York utilities will keep the power, heat and water on for all customers in response to the coronavirus emergency, both states announced Friday.

Major utilities have agreed to suspend utility shut-offs, a particular concern for people who may be out of work and cannot afford to pay their bills.

“No utility can turn off service … if a person cannot pay their bill as a result of responding to this virus situation,” said New York Gov. Andrew Cuomo during a press conference Friday.

Utilities in New York have voluntarily agreed to this measure, according to the governor’s office, reflecting a broader state moratorium on disconnections during emergencies. No order from the Public Service Commission is expected.

With growing concerns about the economic impacts of a virtual shutdown of businesses and large events to curtail the spread of the novel coronavirus, advocates are increasingly pushing financial relief for families amid pandemic energy insecurity pressures. There’s a campaign in New York to suspend evictions and foreclosures, with growing political support. A similar call has gone out in New Jersey.

As the weather warms, shut-offs of electric and gas service due to nonpayment tend to pick up. If people are quarantined or out of work due to a widespread economic slowdown, some advocates say they shouldn’t have to worry about having the lights or heat turned off, especially as examples of unpaid utility bills straining cities have emerged elsewhere.

“We recognize that customers may experience financial difficulty as a result of the outbreak, whether they or a family member fall ill, are required to quarantine, or because their income is otherwise affected,” said Michael Jennings, a spokesperson for Public Service Enterprise Group — the parent company of Public Service Electric and Gas Company, New Jersey’s largest utility — in a statement.

The company’s policy will be in place at least through the end of April, as will Atlantic City Electric’s, and other utilities such as PG&E's pandemic response included a similar moratorium during the outbreak.

“Curtailing shut-offs is good public policy to make sure New Jersey residents aren’t left in the lurch as they’re dealing with coronavirus,” said Eric Miller, director of the Natural Resources Defense Council’s New Jersey energy policy program. “Not having a safe place to be because you don't have electricity, gas or water doesn’t do anything to help address the coronavirus.”

Water service has also drawn attention. Major cities, including Atlanta and Detroit, have suspended shut-offs to ensure residents have water to wash their hands, while Texas utilities waived fees to support customers as well. Seattle suspended water and electric shutoffs.

American Water, which operates in 16 states and has 650,000 customers in New Jersey and 350,000 in New York, has halted any shutoffs amid the coronavirus pandemic and will also restore service, and similarly Hydro One reconnected customers in Canada to maintain access. New York City does not shut off service for nonpayment, but does issue liens against people’s property.

“Everyone, regardless as to what industry, has to have a heightened responsibility that’s encompassed in compassion and take everything into consideration,” New Jersey state Sen. Teresa Ruiz (D-Essex) told POLITICO. “Now is not the time to be worrying about late payments or bills. We need to get past this, hopefully, to see what we’re facing and then deal with other things.”

PSEG Long Island, a subsidiary of PSEG that handles day-to-day operations for the Long Island Power Authority, was the first New York utility to announce it is also suspending shutoffs before the governor’s announcement. The moratorium will remain in place through the end of April.

Rich Berkley, with the Public Utility Law Project, which advocates for low-income customers in New York, said he’s been in touch with state officials to make sure the issue of utility bills is considered during the pandemic. New York already has requirements for utilities to offer deferred payment agreements before shutting off service, he noted.

“The state has to act to protect the most vulnerable households first,” he said. “To the extent that the state is declaring areas of emergency, this should be part of the remedies the state deploys.”

But he noted that not everyone will have trouble paying their utility bills if they’re under quarantine.

“Given the background of a collapsing stock and equity market, all of which matters to the utilities, and shifts in electricity demand during COVID-19, we have to be careful about blanket moratoriums [on shutoffs] in New York,” Berkley said.

Con Edison, the largest utility in the state serving most of New York City, had already informed the Department of Public Service it will suspend all shut-offs in the one-mile radius New Rochelle containment area, spokesperson Michael Clendenin said on Thursday. The moratorium on shutoffs now includes its entire New York City and Westchester County territory.

Avangrid, which owns New York State Electric & Gas and Rochester Gas & Electric, serving broad swathes of upstate New York, will suspend shut-offs due to unpaid bills for 30 days, spokesperson Michael Jamison said.

 

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Court reinstates constitutional challenge to Ontario's hefty ‘global adjustment’ electricity charge

Ontario Global Adjustment Charge faces constitutional scrutiny as a regulatory charge vs tax; Court of Appeal revives case over electricity pricing, feed-in tariff contracts, IESO policy, and hydro rate impacts on consumers and industry.

 

Key Points

A provincial electricity fee funding generator contracts, now central to a court fight over tax versus regulatory charge.

✅ Funds gap between market price and contracted generator rates

✅ At issue: regulatory charge vs tax under constitutional law

✅ Linked to feed-in tariff, IESO policy, and hydro rate hikes

 

Ontario’s court of appeal has decided that a constitutional challenge of a steep provincial electricity charge should get its day in court, overturning a lower-court judgment that had dismissed the legal bid.

Hamilton, Ont.-based National Steel Car Ltd. launched the challenge in 2017, saying Ontario’s so-called global adjustment charge was unconstitutional because it is a tax — not a valid regulatory charge — that was not passed by the legislature.

The global adjustment funds the difference between the province’s hourly electricity price and the price guaranteed under contracts to power generators. It is “the component that covers the cost of building new electricity infrastructure in the province, maintaining existing resources, as well as providing conservation and demand management programs,” the province’s Independent Electricity System Operator says.

However, the global adjustment now makes up most of the commodity portion of a household electricity bill, and its costs have ballooned, as regulators elsewhere consider a proposed 14% rate hike in Nova Scotia.

Ontario’s auditor general said in 2015 that global adjustment fees had increased from $650 million in 2006 to more than $7 billion in 2014. She added that consumers would pay $133 billion in global adjustment fees from 2015 to 2032, after having already paid $37 billion from 2006 to 2014.

National Steel Car, which manufactures steel rail cars and faces high electricity rates that hurt Ontario factories, said its global adjustment costs went from $207,260 in 2008 to almost $3.4 million in 2016, according to an Ontario Court of Appeal decision released on Wednesday.

The company claimed the global adjustment was a tax because one of its components funds electricity procurement contracts under a “feed-in tariff” program, or FIT, which National Steel Car called “the main culprit behind the dramatic price increases for electricity,” the decision said.

Ontario’s auditor general said the FIT program “paid excessive prices to renewable energy generators.” The program has been ended, but contracts awarded under it remain in place.


National Steel Car claimed the FIT program “was actually designed to accomplish social goals unrelated to the generation of electricity,” such as helping rural and indigenous communities, and was therefore a tax trying to help with policy goals.

“The appellant submits that the Policy Goals can be achieved by Ontario in several ways, just not through the electricity pricing formula,” the decision said.

National Steel Car also argued the global adjustment violated a provincial law that requires the government to hold a referendum for new taxes.

“The appellant’s principal claim is that the Global Adjustment was a ‘colourable attempt to disguise a tax as a regulatory charge with the purpose of funding the costs of the Policy Goals,’” the decision said. “The appellant pressed this argument before the motion judge and before this court. The motion judge did not directly or adequately address it.”

The Ontario government applied to have the challenge thrown out for having “no reasonable cause of action,” and a Superior Court judge did so in 2018, saying the global adjustment is not a tax.

National Steel Car appealed the decision, and the decision published Wednesday allowed the appeal, set aside the lower-court judgment, and will send the case back to Superior Court, where it could get a full hearing.

“The appellant’s claim is sufficiently plausible on the evidentiary record it put forward that the applications should not have been dismissed on a pleadings motion before the development of a full record,” wrote Justice Peter D. Lauwers. “It is not plain, obvious and beyond doubt that the Global Adjustment, and particularly the challenged component, is properly characterized as a valid regulatory charge and not as an impermissible tax.”

Jerome Morse of Morse Shannon LLP, one of National Steel Car’s lawyers, said the Ontario government would now have 60 days to decide whether to seek permission to appeal to the Supreme Court of Canada.

“What the court has basically said is, ‘this is a plausible argument, here are the reasons why it’s plausible, there was no answer to this,’” Morse told the Financial Post.

Ontario and the IESO had supported the lower-court decision, but there has been a change in government since the challenge was first launched, with Progressive Conservative Premier Doug Ford replacing the Liberals and Kathleen Wynne in power. The Liberals had launched a plan aimed at addressing hydro costs before losing in a 2018 election, the main thrust of which had been to refinance global adjustment costs.

Wednesday’s decision states that “Ontario’s counsel advised the court that the current Ontario government ‘does not agree with the former government’s electricity procurement policy (since-repealed).’

“The government’s view is that: ‘The solution does not lie with the courts, but instead in the political arena with political actors,’” it adds.

A spokesperson for Ontario Energy Minister Greg Rickford said in an email that they are reviewing the decision but “as this matter is in the appeal period, it would be inappropriate to comment.” 

Ontario had also requested to stay the matter so a regulator, the Ontario Energy Board, could weigh in, while the Nova Scotia regulator approved a 14% hike in a separate case.

“However, Ontario only sought this relief from the motion judge in the alternative, and given the motion judge’s ultimate decision, she did not rule on the stay,” Thursday’s decision said. “It would be premature for this court to rule on the issue, although it seems incongruous for Ontario to argue that the Superior Court is the convenient forum in which to seek to dismiss the applications as meritless, but that it is not the convenient forum for assessing the merits of the applications.”

National Steel Car’s challenge bears a resemblance to the constitutional challenges launched by Ontario and other provinces over the federal government’s carbon tax, but Justice Lauwers wrote “that the federal legislative scheme under consideration in those cases is distinctly different from the legislation at issue in this appeal.”

“Nothing in those decisions impacts this appeal,” the judge added.
 

 

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