Municipalities recovering spill costs
In 2005, the Environmental Protection Act was amended to allow municipalities a new mechanism to recover the costs of cleaning up spills. s.100.1 allows municipalities to cleanup spills caused by private parties, and to issue orders to recover the costs. This has also allowed the MOE to down…Continue reading the post titled Municipalities recovering spill costs
Green Energy Act Amendments
How did the Green Energy Act amendments respond to the recommendations of the Ontario Bar Association? Details enclosed.Continue reading the post titled Green Energy Act Amendments
First carbon capture law
The coal mining state of Montana has adopted North America's first law on carbon capture and storage.Continue reading the post titled First carbon capture law
Approval process a "vortex of misery"
Debly sued the Ministry of the Environment for $2,322,907.91, for regulatory negligence, negligent investigation, and misrepresentation.
Anyone who has languished in "Approvals hell" may feel a glimmer of sympathy for the Debly family.
Conservation easement upheld
Gottsegen bought waterfront property, subject to a conservation easement to protect a 3 m wooded area at the water's edge. The easement had a built-in penalty for breach, of $100 per day. Gottsegen cut many of the trees and built a retaining wall; the neighbourhood Association sued.Continue reading the post titled Conservation easement upheld
Green energy and condominiums
Should the Condominium Act be amended to encourage developers to include green energy and energy conservation in condominium projects? This was the subject of a fascinating and passionate exchange between members of the Ontario Bar Association’s Real Property Section, which some of you…Continue reading the post titled Green energy and condominiums
Environmental criminals go to jail in Ontario
Ontario does send some environmental criminals to jail. Usually, they go there for breaching court orders, often to clean up contamination that they caused. A recent case is no exception. AAA Auto Parts Mechanics and Wrecking dumped 28,000 tires on a friend’s property. Despite repeated…Continue reading the post titled Environmental criminals go to jail in Ontario
Jail for white collar environmental crimes
Atlantic States Cast Iron Pipe Co. has been fined $8 million for environmental and health and safety offences. Four of its senior managers have been sent to jail. Could it happen in Canada?Continue reading the post titled Jail for white collar environmental crimes
New rules for mining in Ontario
The Minister of Northern Development and Mines has introduced Bill 173, a substantial set of amendments to the Mining Act. The amendments are intended to: improve notice to, and consultation with, aboriginal communities and surface rights owners; prevent mining claims from being staked on la…Continue reading the post titled New rules for mining in Ontario
IPCC: Climate and disaster management
The thirtieth meeting of the Intergovernmental Panel on Climate Change (IPCC) has wrapped up in Turkey. The IPCC is a world-wide group, established in 1988 by the World Meteorological Organization and UN Environment Programme, to assess scientific, technical and socioeconomic information rel…Continue reading the post titled IPCC: Climate and disaster management