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Published on: 23 Jan 2019 By

10 Year Review of Ontario’s Endangered Species Act

On January 18, 2019, the Ontario government gave notice on the Environmental Registry that that they were conducting a ten [10] year review of the Endangered Species Act, R.S.O. 2007 (the “Act”) (which came into effect on June 30, 2008). A Discussion Paper produced by the Ministry of the Env…

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Published on: 21 Jan 2019 By

Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval

On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…

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Published on: 21 Jan 2019 By ,

Why Failing to Immediately Disclose a Litigation Agreement in Multi-Party Litigation is Dangerous and Costly

Summary Litigation agreements in multi-party litigation are required to be immediately disclosed to the other parties in the litigation (“Other Parties”). A litigation agreement is broadly defined as an agreement that has the effect of changing the adversarial position of the parties set out…

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Published on: 16 Jan 2019 By

Intervenors Permitted for Carbon Pollution Pricing Case

Today the Court of Appeal granted intervenor status to both individuals and organizations in the Ontario Reference case scheduled to be heard for April 15 – 18. The Province of Ontario has filed a reference case challenging the federal carbon pollution plan after cancelling Ontario’s emissio…

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Published on: 9 Jan 2019 By

Ontario Extends Moratorium on Issuing Water Taking Permits to Bottled Water Companies

On December 21, 2018, the Ministry of the Environment, Conservation and Parks posted its decision to extend the moratorium on issuing water taking permits to bottled water companies until January 1, 2020. Pursuant to section 34 of the Ontario Water Resource Act, water bottling facilities mus…

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Published on: 7 Jan 2019 By

New York State Sues Companies for $38M in Remediation Costs

In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…

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