Expropriating contaminated land
When a municipality expropriates contaminated land, can it deduct the full cost of remediating the contamination from the amount paid to the reluctant seller? Surprisingly, the answer is still not clear.
View the post titled Expropriating contaminated landUS Fracking lawsuits
Fracking lawsuits are spreading across the US. The first cases were launched in Pennsylvania in 2009, claiming damages for contamination of the aquifers on which the plaintiffs depend. Since then, other cases have been launched by dozens of property owners in Pennsylvania, Texas, Arkansas, C…
View the post titled US Fracking lawsuitsUS EPA working on standards for gas fracking water
The U.S. Environmental Protection Agency (EPA) has announced a schedule to develop standards for wastewater discharges produced by natural gas extraction from underground coal bed and shale formations (“fracking”).
View the post titled US EPA working on standards for gas fracking waterPort Colborne class action dismissed
Can neighbours sue for historic contamination? The leading Canadian case has been Pearson (later Smith) v. Inco, a class action by thousands of Port Colborne property owners against Inco, for alleged losses in property value due to nickel oxide that was legally deposited in the area during t…
View the post titled Port Colborne class action dismissedConsumer products banned for lead- in the US
The US is far more active than Canada in detecting lead in consumer products, and in requiring that they be withdrawn from the market. The Centers for Disease Control post a fascinating list of high lead consumer products, many of them marketed for children, which can no longer be sold in th…
View the post titled Consumer products banned for lead- in the USFracking, methane and drinking water
The Ernst v. Encana fracking lawsuit gained strength this month with the publication of Rob Jackson’s peer-reviewed paper: Methane contamination of drinking water accompanying gas-well drilling and hydraulic fracturing. Jackson is a professor at Duke University, and his paper is publis…
View the post titled Fracking, methane and drinking waterFracking, drinking water and regulation
Jessica Ernst has launched a multi million dollar lawsuit against Encana Corporation, the Alberta Energy Resources Conservation Board, and the Alberta government for contamination of her property and drinking water due to Encana’s fracking program. Encana fractures rock to extract coal…
View the post titled Fracking, drinking water and regulationLong ago and far away? Oil company liability
Chevron is not the only US oil company facing blockbuster claims for damages from South American indigenous groups, due to past environmental damage apparently sanctioned by their governments. The US Ninth Circuit Court of Appeals has agreed to allow 25 Peruvian plaintiffs to sue Occidental …
View the post titled Long ago and far away? Oil company liabilityEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
View the post titled Environmental moot courtHome Insurance and the Pollution Exclusion
A BC court has upheld the pollution exclusion in a home insurance policy. The issue was the scope of the “pollution exclusion” clause in a policy of home insurance issued by the defendant, BCAA Insurance Corporation, to the plaintiff, Brian Corbould. Corbould sought a declaration of coverage…
View the post titled Home Insurance and the Pollution ExclusionReceive Blog Posts
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