Bicycling Law – Past and Future
In “The Rebirth of Bicycling Law“, Professor Christopher Waters provides a fascinating review of the history of bicycling law, dating back to the time when it was called “the law of the wheelman”, as well as a look forward to the future of the “cycling bar̶…View the post titled Bicycling Law – Past and Future
Ecojustice asks Commissioner to improve contaminated sites law
The farther we move away from the “polluter pay” principle, the greater the disarray in Ontario’s contaminated sites law and policy, and the greater its economic and environmental harm. The Ontario Bar Association is working on a submission to the Law Commission of Ontario,…View the post titled Ecojustice asks Commissioner to improve contaminated sites law
MacQueen 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 …View the post titled MacQueen class action struck out re Sydney Tar Ponds
Lawsuits 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…View 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…View the post titled Landmark lead paint abatement case decided in California
Ecojustice launches Northern Gateway lawsuit
Ecojustice has filed a lawsuit seeking a court order to force the Joint Review Panel to go back to the drawing board and remedy flaws in its final environmental assessment report on the proposed Northern Gateway Pipeline. In December, the Joint Review panel recommended that the pipeline be a…View the post titled Ecojustice launches Northern Gateway lawsuit
Goodbye to Nanticoke, and all that coal
January 8 marked the last day of operation of the Nanticoke Generating Station, the last operating coal-fired electrical generating facility in southern Ontario. This latest shut down will help mark 2014 as the year Ontario will become a coal-free jurisdiction. Nanticoke was once the worst a…View the post titled Goodbye to Nanticoke, and all that coal
Public 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 ECAR…View the post titled Public Access to documents through the Environmental Registry
Tribunal cracks down on non-expert anti-wind “experts”
Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propo…View the post titled Tribunal cracks down on non-expert anti-wind “experts”
Disclose 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. In this case…View the post titled Disclose that contamination? Or not?
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