Wind 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?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 deniedNuisance, 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 changeTransit, loss, and compensation
Our column in today’s award-winning SLAW revisits the Heyes case. “Public works often impose heavy losses on those in private property nearby. Under what circumstances should they be compensated? That should have been the question in Heyes v. Vancouver, now Susan Heyes Inc. (Haz…
View the post titled Transit, loss, and compensationSLAPPS, wind and libel chill
We really need legislation to stop SLAPPs. According to the Ontario Anti-SLAPP panel report: “Strategic litigation against public participation (SLAPP) has been defined as a lawsuit initiated against one or more individuals or groups that speak out or take a position on an issue of pub…
View the post titled SLAPPS, wind and libel chillFracking, drinking water and regulation
Jessica Ernst has launched a multi million dollar lawsuit against Encana Corporation, the Alberta Energy Resources Conservation Board, and the Alberta government for contamination of her property and drinking water due to Encana’s fracking program. Encana fractures rock to extract coal…
View the post titled Fracking, drinking water and regulationBP spill anniversary, lawsuits growing
On the first anniversary of the Deepwater Horizon oil spill, lawsuits against BP continue to spread. Individuals and public and private entities at all levels are adding their claims, before today’s deadline. All 15 members of the Plaintiffs Steering Committee are actively inviting cli…
View the post titled BP spill anniversary, lawsuits growingEnvironmental Assessment not statutory authority?
An environmental assessment, no matter how “extensive and wide ranging”, does not amount to statutory authority, or provide a defence in nuisance, according to the British Columbia Court of Appeal in Appeal in Heyes v. Vancouver, now Susan Heyes Inc. (Hazel & Co.) v. South C…
View the post titled Environmental Assessment not statutory authority?Nasal Ranger
I am intrigued by the potential of a newish gadget to improve odour monitoring, including self-monitoring by regulated entities. The Nasal Ranger is a handheld “field olfactometer”, an alternative to conventional odour panels that can be used on the spot. The Ranger is designed for US…
View the post titled Nasal RangerReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.