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Published on: 24 Apr 2014 By (Dianne Saxe)

Environment Ministry to loosen law for waste-based alternative fuels that displace coal

Kudos to the Ontario Ministry of the Environment for finally coming to grips, at least a little, with the adverse environmental and environmental effects of labeling too many productive activities as “waste disposal”. The ministry’s proposed regulatory changes will remove the “waste disposal” label from energy-intensive and trade-exposed heavy industry (such as the cement, lime, iron and steel...

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Published on: 7 Jul 2011 By (Dianne Saxe)

Approving smelly facilities

Strong opposition to organic recycling facilities, particularly on the ground of odour, can make it challenging to successfully site such facilities.  A recent decision of the Alberta Environmental Appeal Board illustrates the “state of art” in regulatory approvals for sites with significant odour challenges; in this case, a biogas facility.

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Published on: 8 Jul 2011 By (Dianne Saxe)

Do Pollution Exclusion clauses work?

Will pollution exclusion clauses stand up in commercial general liability insurance policies? The Ontario Court of Appeal says yes, when they are directed at activities likely to cause traditional soil and water pollution. See ING Insurance Company of Canada v. Miracle (Mohawk Imperial Sales and Mohawk Liquidate, 2011 ONCA 321.

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Published on: 9 Apr 2012 By (Dianne Saxe)

Residents get leave to appeal landfill closure

Where evidence indicates that the landfill may be causing contamination, a precautionary approach requires that the harm be presumed to be occurring unless and until there is concrete evidence that it is not. In situations where scientific uncertainty exists as to whether an activity is having an adverse effect, the precautionary principle requires that it should be considered to be as hazardous as it could be.

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Published on: 9 Apr 2013 By (Dianne Saxe)

Is the 310 Waste garbage fire case over again?

In the fall of 2004, there was a terrible garbage fire at a grossly overloaded waste transfer site on Keele Street in Vaughan, Ontario. The fire burned for days, sending choking smoke through neighbouring residences and schools. Huge amounts of public and private money were spent to fight the fire and to clean up the mess,...

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Published on: 4 Sep 2013 By (Dianne Saxe)

Ontario environmental permit by rule approvals (EASR) expanding slowly

The Ontario Ministry of the Environment has proposed some modest expansions of its permit-by-rule approval program for low impact activities similar to those already covered by the EASR system. The proposal, Regulatory Amendments to Environmental Activity and Sector Registry (EASR) Regulations to implement a Standard Systems and Equipment EASR, proposes to: 1. Expand the types of...

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