Yes, that pollution exclusion in your insurance does work
Businesses with pollution risks need to buy insurance WITHOUT pollution exclusions.
Continue reading the post titled Yes, that pollution exclusion in your insurance does workDianne's Halifax presentation on contaminated site litigation
Here is Dianne’s presentation to the Canadian Bar Association Mid-winter meeting in Halifax, on Contaminated Site Litigation after Inco. We include a really useful list of Caveat emptor case summaries, with thanks to researcher Kristen Courtney.
Continue reading the post titled Dianne's Halifax presentation on contaminated site litigationWhat's happening at the Environmental Review Tribunal?
Ontario’s Environmental and Lands Tribunals, which include the Environmental Review Tribunal, have released some interesting statistics about their caseloads and turnaround times. You already knew the short answer: for 2013 (and likely for 2014), the largest part of their caseload has …
Continue reading the post titled What's happening at the Environmental Review Tribunal?Challenge to Sage Grouse Protection Order
In December, the Federal Government followed through on its commitment (and obligation) to introduce an Emergency Protection Order for the Greater Sage Grouse, a species on the verge of extinction in Canada. Earlier this month, however, the City of Medicine Hat and LGX Oil & Gas Inc. fi…
Continue reading the post titled Challenge to Sage Grouse Protection OrderExcess Soil Management Guidance finalized
The Ministry of the Environment has announced release of the final, Management of Excess Soil – A Guide for Best Management Practices is now available on the Environmental Bill of Rights Registry and the ministry’s website. You can access the guide here.
Continue reading the post titled Excess Soil Management Guidance finalizedMacQueen class action struck out re Sydney Tar Ponds
The Nova Scotia Court of Appeal has struck out the groundbreaking class action that had been certified relating to contamination from the Sydney Tar Ponds and the associated steel and coke plants: MacQueen v. Ispat Sidbec Inc. This is another major setback to plaintiffs in contaminated land …
Continue reading the post titled MacQueen class action struck out re Sydney Tar PondsLawsuits for climate disasters?
Lawsuits against private firms for climate disaster compensation may not be winnable yet, but important groundwork is being laid. In groundbreaking peer-reviewed research, researcher Richard Heede of the Climate Accountability Institute offers the most complete picture to date of which insti…
Continue reading the post titled Lawsuits for climate disasters?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…
Continue reading the post titled Landmark lead paint abatement case decided in CaliforniaPublic 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 ECA…
Continue reading the post titled Public Access to documents through the Environmental RegistryDisclose 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.
Continue reading the post titled Disclose that contamination? Or not?