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
Is it too Late to Sue?
Did they sue on time?Continue reading the post titled Is it too Late to Sue?
Negligent Engineers – is the Public Protected?
Who should the public trust to do environmental site assessments? The Ministry of the Environment (MOE) proposes to sharply cut down the list of “Qualified Persons”, on the assumption that only Professional Engineers and Geoscientists have both qualifications and professional reg…Continue reading the post titled Negligent Engineers – is the Public Protected?
Crown appeals landmark ruling in Berendsen
To no one’s surprise, the Ontario government is appealing their loss in Berendsen v. the Queen. This is the case that ordered the Crown to pay $1.7 million in damages for contaminating a dairy farm, 40 years ago, with waste asphalt from road construction. Road waste is still deposited …Continue reading the post titled Crown appeals landmark ruling in Berendsen
Is it Enough to Meet MOE Standards?
Two Ontario cases in the last year decided that it’s not enough to meet MOE standards. One is Berendsen v. the Queen (see February 1). The other is Dawber v. Director, Ministry of the Environment. In Dawber, Lafarge obtained MOE approval to burn waste tires as fuel in its cement kiln. Lafarg…Continue reading the post titled Is it Enough to Meet MOE Standards?