Air pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …View the post titled Air pollution class action against the tar sands?
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.,View 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.View 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…View 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…View 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?View the post titled Public risk, private profits – why cap liability?
Phytoremediation of contaminated sites
There are an estimated 30,000 contaminated sites in Canada. These include properties like former gas stations, factories, or rail yards that are contaminated by heavy metals, organic compounds, or other toxins. Redevelopment of these sites, which are often found in prime downtown areas, is …View the post titled Phytoremediation of contaminated sites
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 …View 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) …View 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…View the post titled Private prosecution gets a boost
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