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Published on: 4 Nov 2013 By (Dianne Saxe)

Cascades/ Superior paper mill cleanup: final settlement?

Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment. The MOE Director issued a section 18 Order to five companies and three individuals to cleanup outstanding environmental issues at an old paper mill in Thunder Bay.…

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Published on: 29 Oct 2013 By (Dianne Saxe)

Baker (Northstar Directors') liability appeal has settled

Ten corporate officers and directors have paid $4.75 million to be released from the Northstar Canada cleanup order, even though the Ministry of the Environment admits that none of them were at fault for causing the contamination.  Some were not even on the Northstar Canada board. The Enviro…

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Published on: 28 Oct 2013 By (Dianne Saxe)

Approvals Modernization spreads to Public Lands Act

The trend towards “modernization of approvals” (otherwise known as “permit by rule” for what are supposed to be routine, lower risk, routinely-permitted activities) continues to spread across the Ontario government. Now it’s the turn of the Ministry of Natural Resources’ Public Lands Act. On…

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Published on: 23 Oct 2013 By (Dianne Saxe)

Good news: updated Ontario noise guideline

After three years of consideration, the Ontario Ministry of the Environment has adopted a more up-to-date guideline for assessing noise impacts.   “Environmental Noise Guideline Stationary and Transportation Sources – Approval and Planning, Publication NPC-300” is now in force. See NPC 300 o…

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Published on: 17 Oct 2013 By (Dianne Saxe)

MOE Director admits that the Northstar directors were not polluters

Our high-stakes case, appealing the imposition of infinite retroactive personal liability on directors for contamination they did not cause,  will be heard by the Environmental Review Tribunal starting October 28. Initial witness statements in Baker v Director, Ministry of the Environment we…

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Published on: 15 Oct 2013 By (Dianne Saxe)

Imposing liability on the innocent bad news for economy

Current Ministry of the Environment efforts to impose environmental cleanup liability on the innocent are bad news for the Ontario economy, according to an Expert Report by noted economist Sherry Cooper. They are also harmful to the social contract and the rule of law, according to Dianne…

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Published on: 8 Oct 2013 By (Dianne Saxe)

Reminder: Filing Toxic Substance Reduction Plan Summaries

The Ministry of the Environment has reminded Ontario businesses that toxic substance reduction plan summaries under the Toxics Reduction Act, 2009 and its regulation (O. Reg. 455/09) must be filed through Environment Canada’s Single Window (formerly known as the One Window to National Enviro…

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Published on: 3 Oct 2013 By (Dianne Saxe)

Perverse Abitibi test produces perverse results in Nortel, Northstar appeals

The Ontario Court of Appeal has released its decisions in the Ministry of the Environment’s appeals from Justice Geoffrey Morawetz in Re Nortel and Re Northstar. In both cases, Justice Morawetz rejected MOE attempts to claim priority over secured creditors by ordering insolvent compani…

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Published on: 26 Sep 2013 By (Dianne Saxe)

Approvals Reform to tackle Brownfields/ Surplus soil issues

The Ontario Ministry of the Environment has announced another round of consultations on Modernization of Approvals. This time, they say, they will tackle the high stakes problems of surplus soil movements and contaminated sites. See presentation, Brownfields Modernization.

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