Is Flyrock really a pollution discharge?
The Ministry of the Environment has prosecuted and convicted an Ontario company for failing to report a “discharge” when fly rock flew out of a construction site and damaged a house. Castonguay Blasting was following all proper precautions when the blast occurred, and immediately…Continue reading the post titled Is Flyrock really a pollution discharge?
Dumping construction waste: $150,000 fine
Willy’s Roll-Off Ltd., 1092066 Ontario Inc., Willis and Susan McKeown and Percy Pyper Ltd. pled guilty in February to impairing water quality, establishing a waste disposal site without approval, and failing to transport waste only to an approved site. They were fined a total of $150,000 plu…Continue reading the post titled Dumping construction waste: $150,000 fine
Long ago and far away? Oil company liability
Chevron is not the only US oil company facing blockbuster claims for damages from South American indigenous groups, due to past environmental damage apparently sanctioned by their governments. The US Ninth Circuit Court of Appeals has agreed to allow 25 Peruvian plaintiffs to sue Occidental …Continue reading the post titled Long ago and far away? Oil company liability
MacQueen/ Sydney tar ponds class action update
MacQueen v Nova Scotia, the Sydney Tar Ponds class action, is still mired in wrangling over the proper definition of the class. Last fall, the plaintiffs were hopeful that certification was just around the corner, and proposed a revised, narrower class definition for the court’s approv…Continue reading the post titled MacQueen/ Sydney tar ponds class action update
Environmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.Continue reading the post titled Environmental moot court
ERT to consider environmental penalties?
The Ontario Environmental Review Tribunal has not yet decided any appeals of environmental penalty ordersUnder the Environmental Protection Act, the Ontario Water Resources Act, or any other Ontario environmental statute. Two previous environmental penalties were appealed to the Tribunal, bu…Continue reading the post titled ERT to consider environmental penalties?
Wind energy appeal moving fast
The first wind energy appeal to the Ontario Environmental Review Tribunal is moving quickly. The Kent Breeze approval was issued November 12, 2010. The Erickson appeal was filed on November 29. A preliminary hearing was held January 11. The hearing of the appeal began February 1 and will c…Continue reading the post titled Wind energy appeal moving fast
Chevron, Ecuador, and court shopping
30,000 people, including indigenous tribes, suing Chevron (for toxic waste discharges by its predecessor, Texaco) obtained an $8.6 billion judgment this week from the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. The penalty is reportedly to be doubled if Chevron does not…Continue reading the post titled Chevron, Ecuador, and court shopping
Speaking for the public: who pays?
"There is an obligation for each member of the public to accept some responsibility of bringing environmental issues to the forefront."Continue reading the post titled Speaking for the public: who pays?
Fielding suing Canada re PCB waste export ban
Fielding Chemical can now sue the federal government for damages, for the extra costs it incurred in disposing of PCB waste because of federal orders closing the US border to PCB exports, and as a result of storing the PCB waste at its facility for additional years while losing the opportuni…Continue reading the post titled Fielding suing Canada re PCB waste export ban