New Canadian environmental assessments exclude stakeholders and issues
The new standing rules in the Canadian Environmental Assessment Act, 2012, have now been interpreted the first two times, with contradictory results. The Prosperity Mine panel, in BC, has wisely interpreted the new standing rules broadly, including experts, Non-Governmental Organizations, Fi…
View the post titled New Canadian environmental assessments exclude stakeholders and issuesDo we still have federal Environmental Assessment?
Resource project proponents should find it quicker, easier and cheaper to get permission to build what they want, with far less interference from the federal government, or those pesky environmental groups. The courts will eventually tell us whether they can so easily dispose of oppositio…
View the post titled Do we still have federal Environmental Assessment?Bike Union: Jarvis EA breach?
In response to a City Council resolution to remove the Jarvis Street bike lanes that were installed in July 2010, and add a fifth reversible centre lane, the Toronto Cyclists Union sought a legal opinion whether the Project would be subject to screening under the Municipal Class Environmenta…
View the post titled Bike Union: Jarvis EA breach?Offshore wind moving ahead… in the US
Off shore wind turbines in designated Wind Energy Areas have cleared a major environmental review, according to the US Department of the Interior and the Bureau of Ocean Energy Management (BOEM).
View the post titled Offshore wind moving ahead… in the USYes, TCE is a carcinogen
After 22 years of study, and intense political maneuvering, the US Environmental Protection Agency has formally classified TCE (trichloroethene, also called trichloroethylene) as a carcinogen, as well as a non-cancer hazard to human health. The assessment is now a formal part of the the Inte…
View the post titled Yes, TCE is a carcinogenMelancthon Mega Quarry to have full EA
Those opposed to public and private projects often request that they be “bumped up” to an individual environmental assessment (EA) under the Environmental Assessment Act. Full individual EAs take a lot of time and money, and are usually considered a major obstacle to the approval…
View the post titled Melancthon Mega Quarry to have full EAGuidance for Environmental Site Assessments
Now that Reg. 153/04 sets strict new standards for Environmental Site Assessments of contaminated sites, it is good news that the Ministry of the Environment has finally released its guidance document for performing those ESAs. Although the new rules are only mandatory when seeking a Record…
View the post titled Guidance for Environmental Site AssessmentsCan a permit be refused after EA approval?
One frequently troublesome area of environmental law is the intersection between different types of approvals. Once an overarching, project wide approval, such as an environmental assessment, has been granted, may an individual approval be refused?
View the post titled Can a permit be refused after EA approval?Do turbines affect property values?
The Assessment Review Board has heard an appeal from the tax assessment of a couple who say their valuation should be reduced because of a nearby wind farm. Appeal 318664 was launched by Wolfe Island residents Ed and Gail Kenney, and is opposed by the Municipal Property Assessment Corporatio…
View the post titled Do turbines affect property values?Environmental Assessment not statutory authority?
An environmental assessment, no matter how “extensive and wide ranging”, does not amount to statutory authority, or provide a defence in nuisance, according to the British Columbia Court of Appeal in Appeal in Heyes v. Vancouver, now Susan Heyes Inc. (Hazel & Co.) v. South C…
View the post titled Environmental Assessment not statutory authority?Receive Blog Posts
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