How much is nuisance worth?
In Blatz v. Impact Energy Inc., the Alberta Court of Queen’s bench found a gas drilling company liable for contaminating a well on the landowners’ property. As a result, the landowners had to drill a new well and also suffered weeks of health problems, such as diarrhea, mouth sores, and blad…
Continue reading the post titled How much is nuisance worth?Fairness, non-polluter pays and Kawartha Lakes
Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.
Continue reading the post titled Fairness, non-polluter pays and Kawartha LakesBetter federal environmental assessments coming?
This morning, the Supreme Court of Canada released its decision in MiningWatch Canada v. Minister of Fisheries and Oceans et al. As you will see, MiningWatch’s appeal has been allowed. The unanimous court ruled that the Canadian Environmental Assessment Act requires government to condu…
Continue reading the post titled Better federal environmental assessments coming?Contracts with consultants
Dianne spoke this week on why you should take nothing for granted when hiring environmental consultants, and especially should not accept the “standard terms and conditions” proposed by most major consulting firms in Ontario. Here is the presentation: Working with Consultants.
Continue reading the post titled Contracts with consultantsDownloading liability on municipalities
Senior governments seem to have no shame about downloading enormous, undisclosed environmental liabilities on municipalities. In an English case, Corby Group Litigation v. Corby District Council, the Corby Borough Council (CBC) has been held liable for allowing residents to become exposed t…
Continue reading the post titled Downloading liability on municipalitiesWhy is fairness irrelevant?
Innocent parties forced to pay unfair environmental costs should seek compensation in the civil courts, and should not expect any help from the ERT.
Continue reading the post titled Why is fairness irrelevant?Can municipalities still regulate renewable energy projects?
Some municipal lawyers argue, however, that municipalities may still have the power to block unpopular renewable energy projects, such as wind turbines.
Continue reading the post titled Can municipalities still regulate renewable energy projects?US liable for Katrina damages
Canadian courts would also be likely to hold government liable for negligent operation of a public work that caused substantial damage to individuals. Given the predicted intensity and ferocity of future storms in Canada, governments at all levels should be looking carefully at how they …
Continue reading the post titled US liable for Katrina damagesCourt of Appeal overturns Berendsen
The most lasting impact of Berendsen may be Judge Seppi's trenchant criticism of the MOE's standard-setting process, and its failure to consider either cumulative effects or special sensitivities of some species.
Continue reading the post titled Court of Appeal overturns BerendsenAnother wind energy lawsuit
If you have been at Kingston’s waterfront lately, you’ve seen an 86-turbine wind farm on nearby on Wolfe Island. According to TransAlta, the operator, it’s the second largest wind farm in Canada. The non-profit Hearthmakers Energy Co-operative is proud of the spinning blades and…
Continue reading the post titled Another wind energy lawsuit