First Nation Wins Case re Pollution on Reserve
Aboriginal issues are increasingly important in all areas of Canadian law and environmental law is no exception. One area of conflict concerns environmentally hazardous activities carried out on reserves, without provincial environmental regulation. Equivalent federal rules are often weak an…Continue reading the post titled First Nation Wins Case re Pollution on Reserve
Drugs in our Drinking Water
Scientists have known for decades that low concentrations of drugs are often present in drinking water, but there has not been much published on drugs in the Canadian water supply. A recent study conducted by Servos et al. for Environment Canada’s National Water Research Institute (NWR…Continue reading the post titled Drugs in our Drinking Water
An important appeal
On April 9 and 10, the Ontario Divisional Court will hear an important appeal: do applicants for environmental approvals have to do more than meet MOE standards? In Lafarge Canada v. Ontario Environmental Review Tribunal, Lafarge and the Ministry of the Environment will be lined up on one si…Continue reading the post titled An important appeal
New Rules on QPs
The MOE has pushed ahead with its regulation to restrict Environmental Site Assessments to professional engineers and geoscientists, as of October, 2009. O. Reg. 66/08 amends the definition of Qualified Person in O. Reg. 153/04. This will exclude agrologists and technologists, who now perfor…Continue reading the post titled New Rules on QPs
A determined man with a wrench
One of the classic homeowner nightmares keeps happening: a determined man with a wrench pumps oil into a house long since converted to gas. A recent Ontario case asked: does any liability fall on the person who did the conversion?Continue reading the post titled A determined man with a wrench
Smog: Health, Agriculture or Politics?
This month, the U.S. EPA announced a very modest tightening of its ground-level ozone standards from 80 to 75 parts per billion, averaged over eight hours. This announcement met immediate criticism from public health advocates, since an extensive scientific review had recommended that the st…Continue reading the post titled Smog: Health, Agriculture or Politics?
In McElmurray v. USDA, 2008 WL 516751 (S.D.Ga.), a U.S. court has strongly criticized American biosolids policy, and awarded compensation to a farmer whose fields were poisoned by sewage sludge. McElmurray sought federal disaster compensation, on the ground that Augusta, Georgia’s muni…Continue reading the post titled Poisonous Biosolids?
Law or Politics?
The Federal Government filed its defence on Thursday, to Friends of the Earth’s climate change lawsuit. Last year, the three opposition parties combined to pass a Kyoto Protocol Implementation Act, now part of the law of Canada. This statute requires the Minister of the Environment to …Continue reading the post titled Law or Politics?
Quebec Court of Appeal Dismisses Flooding Class Action
Are municipalities liable when sewers can’t cope with big storms? The Quebec Court of Appeal has dismissed a class action by owners of 1,723 homes that flooded in 1997, when sewers backed up in heavy rains. In Dicaire v. Chambly, many of the homes had flooded three times in 18 months. …Continue reading the post titled Quebec Court of Appeal Dismisses Flooding Class Action
Jail for Garbage Fire
In October 2004, choking fumes from a giant garbage fire tormented Vaughan residents and created widespread health concerns. It took millions to put out the fire and clean up the transfer site. This week, those responsible for the garbage mountain were finally sent to jail, and fined a recor…Continue reading the post titled Jail for Garbage Fire