Poisonous Biosolids?
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…
View 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 …
View 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. …
View the post titled Quebec Court of Appeal Dismisses Flooding Class ActionJail 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…
View the post titled Jail for Garbage FireNegligent 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…
View 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 …
View the post titled Crown appeals landmark ruling in BerendsenIs 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…
View the post titled Is it Enough to Meet MOE Standards?Is it better to pay taxes on income or on pollution?
For forty years, Canadian environmental law has tried to defeat economics. That is, we have forbidden people and businesses from doing things that save them money, and commanded them to do things that cost money. In the circumstances, it’s amazing that we’ve accomplished so much: air is clea…
View the post titled Is it better to pay taxes on income or on pollution?Three Cheers for BC!
It is basic economics and good common sense: to discourage something, make it more expensive. And vice versa. So why does Canada put heavy taxes on things we do want (like employment) and no taxes on things we don’t want (like pollution)? For years, economists and environmentalists hav…
View the post titled Three Cheers for BC!Receive Blog Posts
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