Landmark lead paint abatement case decided in California
In a landmark lead paint liability case, the Superior Court of California has held three of five paint companies liable for public nuisance. The court ordered them to clean up lead paint in California residences painted before 1978, at a total cost of $1.15 billion. The use of lead in interi…
View the post titled Landmark lead paint abatement case decided in CaliforniaEcojustice launches Northern Gateway lawsuit
Ecojustice has filed a lawsuit seeking a court order to force the Joint Review Panel to go back to the drawing board and remedy flaws in its final environmental assessment report on the proposed Northern Gateway Pipeline. In December, the Joint Review panel recommended that the pipeline be a…
View the post titled Ecojustice launches Northern Gateway lawsuitPublic Access to documents through the Environmental Registry
In two cases we blogged about last month (Brimley Progress v. Director, MOE and Environment Hamilton v. Director, MOE), the ERT found that the public should have access to the documents that support Environmental Compliance Approval (ECA) applications, or form part of their the final ECAR…
View the post titled Public Access to documents through the Environmental RegistryTribunal cracks down on non-expert anti-wind “experts”
Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propo…
View the post titled Tribunal cracks down on non-expert anti-wind “experts”Disclose that contamination? Or not?
Owners of contaminated sites are sometimes reluctant to disclose what they know, hoping to get rid of the liability with the property. Anyone who is so tempted will want to follow what happens in 1623242 Ontario Inc. v. Great Lakes Copper Inc., 2013 ONSC 7935 and 2013 ONSC 2548. In this case…
View the post titled Disclose that contamination? Or not?Ruling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
View the post titled Ruling: Wind turbine approvals comply with the CharterPublic access to approvals documents at Environmental Tribunal – Part 2
As mentioned in our previous post, there is a limited right of public access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, during an application for leave to appeal that ECA to the Environmental Review Tr…
View the post titled Public access to approvals documents at Environmental Tribunal – Part 2Bill 138: Ending Coal for Cleaner Air Act, 2013
The Ontario government has introduced Bill 138, Ending Coal for Cleaner Air Act, 2013, to confirm their longstanding decision to end the use of coal at Ontario’s electricity generating facilities and to prohibit new stand-alone coal-fired generating facilities. Coal-fired electricity genera…
View the post titled Bill 138: Ending Coal for Cleaner Air Act, 2013Public access to approvals documents at Environmental Review Tribunal
Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…
View the post titled Public access to approvals documents at Environmental Review TribunalMore on killing birds with buildings as an environmental offence
Ecojustice has settled its bird-killing prosecution against the Menkes Developments (Consilium Place) office complex. As described in a previous post, Ecojustice (as counsel for Ontario Nature) charged Menkes with environmental offences. They proved that these buildings were unusually danger…
View the post titled More on killing birds with buildings as an environmental offenceReceive Blog Posts
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