Port Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
Continue reading the post titled Port Colborne class action dismissedCongratulations, condolences and environmental policy
Congratulations to all the winners in yesterday’s provincial election, and condolences to all the losers. Former environment Minister Wilkinson will be missed; he narrowly lost his riding of Perth–Wellington. The new Minister should be announced shortly.
Continue reading the post titled Congratulations, condolences and environmental policyPollution from distant source a nuisance?
The legal category of nuisance may be easier to use for long distance air pollution after a recent comment by the Ontario Court of Appeal. In Antrim Truck Centre Ltd. v. Ontario (Transportation), 2011 ONCA 419 (CanLII), Justice Epstein ruled that nuisance claims can be successfully made, no …
Continue reading the post titled Pollution from distant source a nuisance?Short term gain, long term pain
The city of Toronto has gone through paroxysms in the last few weeks to cut less than $28 million from the city’s budget. All environmental programs are still under review for possible cuts, including those efforts to help the city adapt to climate change. It’s therefore worth re…
Continue reading the post titled Short term gain, long term painYes, TCE is a carcinogen
After 22 years of study, and intense political maneuvering, the US Environmental Protection Agency has formally classified TCE (trichloroethene, also called trichloroethylene) as a carcinogen, as well as a non-cancer hazard to human health. The assessment is now a formal part of the the Inte…
Continue reading the post titled Yes, TCE is a carcinogenEnvironment Canada: more cuts, less science?
Sometimes, it feels like the 1990s again. In both Canada and the US, budget shortfalls and political preferences are resulting in significant cuts to environmental scientists and regulators. For example, Environment Canada has announced that its current round of cuts will eliminate approxima…
Continue reading the post titled Environment Canada: more cuts, less science?Unsuccessful SLAPPs
Two British Columbia cases show again why we need laws to prevent Strategic Lawsuits against Public Participation (SLAPPs).
Continue reading the post titled Unsuccessful SLAPPsConsumer products banned for lead- in the US
The US is far more active than Canada in detecting lead in consumer products, and in requiring that they be withdrawn from the market. The Centers for Disease Control post a fascinating list of high lead consumer products, many of them marketed for children, which can no longer be sold in th…
Continue reading the post titled Consumer products banned for lead- in the USPolluter must pay for cleanup, twice
It’s not safe for a polluter to trust a subsequent owner to clean up contamination, even if the polluter has specifically paid for the cleanup, and even if the new owner signs a contract relieving the original polluter of liability. None of this will prevent environmental regulators from ord…
Continue reading the post titled Polluter must pay for cleanup, twiceKeystone pipeline
If approved, the Keystone XL pipeline would carry oil extracted from Northern Alberta’s oil sands to refineries and markets in the United States. Vocal opponents of the project hope to convince President Obama not to approve the project, but their chances seem poor. The Canadian portion of t…
Continue reading the post titled Keystone pipeline