First, do no harm: controlled burns and sea turtles
A coalition of animal protection and conservation groups filed a lawsuit on June 30 to stop BP from conducting “controlled burns” of spilled oil in the Gulf of Mexico. They allege that protected and endangered sea turtles were being incinerated alive.,Continue reading the post titled First, do no harm: controlled burns and sea turtles
Limitations: why not too late to sue for contamination?
No one can count any longer on the limitation period having run for any of it.Continue reading the post titled Limitations: why not too late to sue for contamination?
Inco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…Continue reading the post titled Inco to pay $36 million in Port Colborne class action
Contaminated sites: which cleanup standards?
More stringent cleanup standards for contaminated sites will come into effect July 1, 2011, under 2009 amendments to Regulation 153/04. Some property owners with ongoing cleanups may prefer to use the old numbers, i.e. the “March 9, 2004 Soil, Ground Water and Sediment Standards” (“2004 sta…Continue reading the post titled Contaminated sites: which cleanup standards?
Public risk, private profits – why cap liability?
Humans are not perfect. Engineering, while amazing, is not perfect. Accidents ( including spills) will happen. What should environmental law, and lawyers, do about it?Continue reading the post titled Public risk, private profits – why cap liability?
Off-shore wind turbines: new rules
Off-shore wind turbines will likely have the best winds, but they also involve complex tradeoffs different from those that apply on land. The Renewable Energy Approvals (REA) regulation (O. Reg. 359/09) under the Environmental Protection Act therefore contemplates a special approvals regime …Continue reading the post titled Off-shore wind turbines: new rules
Drive Clean tweaked
Ontario’s vehicle emissions control program, Drive Clean, is getting a tuneup. Amendments to Ontario Regulation 361/98[i] (Motor Vehicles) under the Environmental Protection Act will modernize the Drive Clean program.[ii] By December 12, 2012, the Acceleration Simulation Mode (dynamometer) …Continue reading the post titled Drive Clean tweaked
Private prosecution gets a boost
There is often tension between the public’s right to commence a private prosecution, and the attorney general’s right to take over that prosecution, often in order to drop it. The Ontario Court of Appeal has given a boost to private prosecutors, ruling that they are entitled to have at least…Continue reading the post titled Private prosecution gets a boost
Syncrude found guilty in ducks case
Syncrude has been found guilty of two offences relating to the large duck kill of 2008. That April, 1606 migrating ducks died after landing on the toxic tailings pond of the huge Aurora tar sands mine. A member of the Sierra Club laid the original charges, another vindication for private pro…Continue reading the post titled Syncrude found guilty in ducks case
Seizure on consent?
When can ministry investigators seize documents outside the scope of a search warrant? During the execution of a warrant, Ministry of the Environment investigators seized approximately 100 documents that clearly lay outside the scope of the warrant. They showed one set of documents to the co…Continue reading the post titled Seizure on consent?