More thoughts about fairness
The Nova Scotia Law Reform Commission wrestled recently with the concept of fairness in environmental liability, especially in relation to retroactive laws and joint and several liability. It is interesting to compare this to the ERT decision in Kawartha Lakes in November:View the post titled More thoughts about fairness
"Enhanced" Records of Site Condition
According to the Ministry of the Environment, one of its key changes to Reg. 153/04 (in Reg. 511/09) are its “enhancements” to the Record of Site Condition process. These “enhancements” have three major components: A quality control / audit process for Records of Site Condition, before they …View the post titled "Enhanced" Records of Site Condition
Reg. 511/09: did they really mean this?
Some of the previously unannounced Reg. 511/09 amendments to Ontario’s brownfields regulation, 153/04, seem to have unexpected effects. For example, wells for dewatering or for groundwater treatment may now require every property within 250 metres to use potable (not non-potable) clean…View the post titled Reg. 511/09: did they really mean this?
Real protection of watersheds
In the ongoing fallout of Ontario’s unfortunate response to the Walkerton water disaster, the objective of Ontario's source protection plans will be too narrow: protecting the immediate vicinity of sources of drinking water. Watersheds have many “functions” other than providing drinking w…View the post titled Real protection of watersheds
New brownfields rules
The Ontario Ministry of the Environment has quietly adopted sweeping changes to the regulation of brownfields and other contaminated sites. Some of the changes were extensively reviewed with stakeholders during the past three years; others were surprises: See the 87 pages of Regulation 511/0…View the post titled New brownfields rules
Jackie made a recent presentation to Ontario’s pharmacists about the proper handling and disposal of pharmaceutical waste. Most contamination of surface and groundwater with pharmaceuticals seems to be a result of drugs that are still active after they are excreted from the body. Howe…View the post titled Pharmaceutical waste
Downloading 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…View the post titled Downloading liability on municipalities
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