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…
View the post titled Do Pollution Exclusion clauses work?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…
View the post titled Approving smelly facilitiesHow much notice is enough?
A Niagara Escarpment Hearing Officer recently had to decide how many unsuccessful efforts to contact an appellant were enough.
View the post titled How much notice is enough?Cumulative effects in approvals
Cumulative effects are extremely hard to manage in any approval process. By definition, the person or project seeking an individual approval does not usually control the other sources of cumulative impact. Nor is the necessary information about the other actual or potential impacts usually b…
View the post titled Cumulative effects in approvalsWind developers can run transmission lines on roads
On Monday, the Township of Grey Highlands unanimously voted to abandon its planned Divisional Court challenge. The Township had originally voted to seek judicial review of an Ontario Energy Board decision, allowing wind power developer International Power Corporation to run transmission lin…
View the post titled Wind developers can run transmission lines on roadsCan 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?Worried about wind?
So much misinformation has been spread about wind turbines that many reasonable people don’t know what to think. As one reader wrote: “Hi Dianne, … I wondered if you could direct me to reliable sources on the benefits / risks of Wind Turbines. I live in West Grey with lots of wind, bu…
View the post titled Worried about wind?Hanna leave to appeal denied
On Monday, the Ontario Court of Appeal denied Ian Hanna’s request for leave to appeal the decision of the Divisional Court, which unanimously rejected his attempt to prevent Ontario from issuing renewable energy approvals for large wind turbines. Judges Goudge, MacFarland and Watt ord…
View the post titled Hanna leave to appeal deniedMore on Can they make you talk?
Decades after the adoption of the Canadian Charter of Rights, and Freedoms, and after thousands of Miranda warnings on TV, most Canadians think they have a right to remain silent when the government comes after them. To some extent, this is true–people pulled off the street by uniformed poli…
View the post titled More on Can they make you talk?Nuisance, GHG and climate change
Today, the US Supreme Court reversed the groundbreaking decision, Connecticut v. American Power, which had allowed states, New York City and private land trusts to sue major greenhouse gas producers in nuisance, whether or not their emissions breached federal statute law.
View the post titled Nuisance, GHG and climate changeReceive Blog Posts
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