Landmark lead paint abatement case decided in California
In a landmark lead paint liability case, the Superior Court of California has held three of five paint companies liable for public nuisance. The court ordered them to clean up lead paint in California residences painted before 1978, at a total cost of $1.15 billion. The use of lead in interi…
View the post titled Landmark lead paint abatement case decided in CaliforniaInstitute of Corporate Directors Webinar on No-fault Director's Liability
Many of you will be attending the Institute of Corporate Directors‘ very popular webinar this Thursday, on the Ministry of the Environment’s campaign to impose no-fault environmental liability on corporate officers and directors. I will be one of the presenters, together with Ne…
View the post titled Institute of Corporate Directors Webinar on No-fault Director's LiabilityFor environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Who has seen the spin? Wind opponents wrong about Fairview Wind decision
This decision opens no new door to legal claims against wind farms, nor does it bolster the acceptance of the wind opponents’ “evidence” in the courts.
View the post titled Who has seen the spin? Wind opponents wrong about Fairview Wind decisionUnlimited personal no fault liability for directors and officers?
The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental costs associated with the assets of their former corporation, or of the subsidiaries of that c…
View the post titled Unlimited personal no fault liability for directors and officers?Environmental regulation: Municipalities v province, province v. federal government
What happens when municipal bylaws try to control energy or resource projects authorized by the federal or provincial governments? (They have some scope). How far will the Spraytech precedent take them? Can corporations use federal insolvency laws to cleanse themselves of irksome environment…
View the post titled Environmental regulation: Municipalities v province, province v. federal governmentMore trouble with environmental experts
In 1996, there was a devastating flood in part of the City of Ottawa. A number of residents sued the City, alleging that its storm water drainage system was inadequate. The City retained Robert Bishop of MMM as its expert witness. Bishop reported that the drainage system in the area met all…
View the post titled More trouble with environmental expertsTrouble with environmental experts
In environmental law, expert witnesses that are too eager to please can destroy themselves and their client.
View the post titled Trouble with environmental expertsReceive Blog Posts
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