Courts, the environment and big fines
When I was a young lawyer, fines up for even the most egregious environmental offences tended to be very small. In one famous case, R.v. Cyanamid, proof of enormous pollution was punished with a $1 fine. Judges used to groan when we environmental prosecutors came into their courtrooms, compl…Continue reading the post titled Courts, the environment and big fines
City goes to bat for neighbours of cement plant
In an unusual move, the City of Toronto has sought and obtained leave to appeal the air certificate of approval issued to an existing cement plant. The plant had been the subject of numerous complaints from local residents, relating to dust and noise. The Ministry of the Environment issued a…Continue reading the post titled City goes to bat for neighbours of cement plant
The Samsung agreement and access to the grid
The most troubling aspect of the Samsung deal (beside the price) is its impact on the availability of transmission for other renewable energy generators.Continue reading the post titled The Samsung agreement and access to the grid
Renewable Energy Approvals
As the Ontario Power Authority grinds through 1022 applications for feed in tariff contracts (plus about 3200 microFits), the Ministry of the Environment is gearing up to process applications for renewable energy approvals. About 91 renewable energy projects have been approved since 2003,…Continue reading the post titled Renewable Energy Approvals
Spreading sewage sludge
The court found that experts disagree about the potential risks associated with the use of Biosolids, and that the municipality had jurisdiction to ban their use within its boundaries.Continue reading the post titled Spreading sewage sludge
What's an ANS?
Here’s another fun question about Reg. 511/09, the recent amendments to Reg. 153/04: what’s an “area of natural significance” (ANS)? S. 1 now defines ANS to include “an area which is habitat of a species that is classified under section 7 of the Endangered Speci…Continue reading the post titled What's an ANS?
Better ideas about liability, allocation and fairness
Kudos to the Nova Scotia Law Reform Commission for its thoughtful and groundbreaking report on how to encourage redevelopment of contaminated sites. Unlike the recent decision of Ontario’s Environmental Review Tribunal in Kawartha Lakes, the commission recognizes that uncertain and unf…Continue reading the post titled Better ideas about liability, allocation and fairness
How much is nuisance worth?
In Blatz v. Impact Energy Inc., the Alberta Court of Queen’s bench found a gas drilling company liable for contaminating a well on the landowners’ property. As a result, the landowners had to drill a new well and also suffered weeks of health problems, such as diarrhea, mouth sores, and blad…Continue reading the post titled How much is nuisance worth?
Fairness, non-polluter pays and Kawartha Lakes
Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.Continue reading the post titled Fairness, non-polluter pays and Kawartha Lakes
Better federal environmental assessments coming?
This morning, the Supreme Court of Canada released its decision in MiningWatch Canada v. Minister of Fisheries and Oceans et al. As you will see, MiningWatch’s appeal has been allowed. The unanimous court ruled that the Canadian Environmental Assessment Act requires government to condu…Continue reading the post titled Better federal environmental assessments coming?