Soil remediation: smell test stands up in court
The latest decision in the Horvath saga has upheld the “smell test” in delineating home furnace oil contamination for remediation.
View the post titled Soil remediation: smell test stands up in courtMore Regulation for Geothermal Heat Pumps
The Ministry of the Environment moved swiftly this spring to increase regulation of geothermal (ground-sourced) heat pump installations, because of an urgent risk of releasing hazardous underground gases. Ontario revoked the old regulation governing Ground Source Heat Pumps and replaced it w…
View the post titled More Regulation for Geothermal Heat PumpsKawartha Lakes to seek leave to appeal
The City of Kawartha Lakes has given notice that it will seek leave to appeal the Divisional Court’s decision, which upheld an MOE order against it. The Order required Kawartha Lakes, the victim of a third party oil spill, to pay for the cleanup of that spill on public property. This i…
View the post titled Kawartha Lakes to seek leave to appealQuarry approved on Escarpment
Did you think the Niagara Escarpment was actually protected? A Joint Board of the Ontario Municipal Board and the Environmental Review Tribunal have conditionally approved a massive new Walker Brothers quarry on the Niagara Escarpment, over the objections of the Niagara Escarpment Commission…
View the post titled Quarry approved on EscarpmentLiability for recreational trails
In our December article for Municipal World, we wrote about municipal liability to cyclists for failing to maintain roads in a proper state of repair. Municipalities could similarly find themselves liable as the occupiers of recreational path systems, if the trails are not adequately maintained.
View the post titled Liability for recreational trailsMOE wins: Kawartha Lakes must pay
innocent victims of contamination now have no defence against a Ministry cleanup order. They will be forced into the civil courts if they hope for any remedy
View the post titled MOE wins: Kawartha Lakes must payFinancial Assurance after business closes
An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financ…
View the post titled Financial Assurance after business closesBP to spend $400M to reduce emissions from tar sands refinery
When BP received approval to re-engineer its Whiting operation in Indiana, intended to refine oil from Canada’s tar sands, environmental groups challenged the permits. It turned out that BP’s air permit application did not accurately reflect the real emissions from the refinery. As exp…
View the post titled BP to spend $400M to reduce emissions from tar sands refineryHelping out in the Gambia
Our associate, Meredith James, recently returned from some pro bono guest lectures at the University of the Gambia’s Faculty of Law. She spoke to the first year torts class about environmental torts and how they might be used in local scenarios. For example, open burning of waste is a common…
View the post titled Helping out in the GambiaVale Fined $150,000 For Failing To Report Spill
Fines for not reporting environmental spills are soaring. Vale Canada Limited has pled guilty to one violation under the Ontario Environmental Protection Act for failing to notify the Ministry of the Environment of an oleum acid escape during tanker loading.
View the post titled Vale Fined $150,000 For Failing To Report SpillReceive Blog Posts
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