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Published on: 12 Nov 2018 By

Federal Environmental Assessment and Land Use Planning: Interjurisdictional Issues

The Ontario Superior Court of Justice has released a decision which demonstrate that the relationship between environmental assessments and land use planning remains as complex as ever, especially when interjurisdictional issues are involved. The October 29, 2018 decision in Halton v. CNR, 2…

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Published on: 8 Nov 2018 By

Canada and China Sign Memorandum of Understanding Regarding Climate Change Cooperation

On November 1, 2018, at the United Nations Ministerial Dialogue on the Environment and the Ministerial Dialogue on Climate Change, Minister of Environment and Climate Change, Catherine McKenna, and the Minister of Ecology and Environment of the People’s Republic of China, Li Ganjie, signed a…

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Published on: 5 Nov 2018 By

The Rise of Citizen Lawsuits for Environmental Change

Urgenda Foundation v Kingdom of the Netherlands Recently, on October 9, 2018, The Hague Court of Appeal made an unprecedented ruling in finding that the preservation of a stable climate system is a fundamental human right and ordered the Dutch government to meet its commitment of reducing it…

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Published on: 29 Oct 2018 By

A Comparative Analysis: Public Consultation for Bill 4, the Cap and Trade Cancelation Act, 2018, and the Federal Duty to Consult Aboriginal Peoples under s.35

On October 11, 2018, the Supreme Court of Canada released its decision in Mikisew Cree First Nation v. Canada (Governor General in Council), 2018 SCC 40 [Mikisew], in which the Court held that the Federal Government does not have a duty under s.35 of the Constitution Act, 1982 to consult Abo…

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Published on: 24 Oct 2018 By

Environmental Assessments no longer necessary?

In May 2017 the Canadian Centre for Policy Alternatives reported the existence of approximately 16 dams located throughout northern British Colombia constructed without the proper regulatory approvals. The dams were allegedly constructed by Progress Energy, a wholly owned subsidiary of Petro…

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Published on: 19 Oct 2018 By

Superior Court of Justice Dismisses Third Party Action for Professional Negligence arising from the Purchase of Contaminated Land

The Superior Court of Justice recently granted a motion to dismiss a third party claim for professional negligence in a proceeding involving the purchase of a contaminated property that was subject to a remediation order registered on title (the “Contaminated Property”). CN Railway Company v…

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Published on: 18 Oct 2018 By

Examining Shared Environmental Interests with the Michigan State Bar Webcast

On November 12th, members of State Bar of Michigan and the Ontario Bar Association come together to discuss environmental law topics relevant to lawyers on both sides of the border. Moderated by Siskinds LLP partner Paula Lombardi, speakers will discuss the impact of the deep geological repo…

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Published on: 15 Oct 2018 By

Noble Prize Winner Recommends Tax on Carbon Emissions

Professor William D. Nordhaus, an economist from Yale who has dedicated more than forty years attempting to convince governments to address climate change through the imposition on a tax on carbon emissions was awarded the 2018 Nobel Memorial Prize in Economic Sciences. Professor Nordhaus ha…

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