Model contract for engineers and their clients
We are frequently consulted on disputes over the wording of contracts between environmental engineers and their clients. Some contracts are just badly drafted, so it’s hard to know what they mean. Others are clearly drafted, but don’t describe what the client was promised. Some …
View the post titled Model contract for engineers and their clientsSuccessful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits o…
View the post titled Successful nonsuits- hazardous wasteShould government get away with defying the law?
I don’t think so. See my column in today’s SLAW, (Canada’s top legal blog) on the Federal Court of Appeal’s weak and unwise decision on the federal government’s defiance of the Kyoto Protocol Implementation Act. The Supreme Court of Canada refused leave to appe…
View the post titled Should government get away with defying the law?Factory farms- who controls the pollution?
Who is responsible for pollution from contract farms: the family farm, or the multi-national food company who controls everything that they do? A US case has set an important precedent on the liability of the food companies. In Assateague Coastkeeper v Hudson et al, an environmental group su…
View the post titled Factory farms- who controls the pollution?Compost fines
On August 20, 2010, Compost Niagara Inc. was fined a total of $42,000 for five violations under the Environmental Protection Act and the Ontario Water Resources Act. The charges relate to their failure to comply with their waste and sewage works certificates of approval, and to altering a s…
View the post titled Compost finesLab fined for late notice
On August 26, 2010, ALS Canada Ltd. pleaded guilty to one violation under the Safe Drinking Water Act for failing to immediately notify the Ministry of the Environment, as well as the Medical Officer of Health, of adverse drinking water test results in a sample that had analyzed.
View the post titled Lab fined for late noticeNo, the Endangered Species Act has no teeth
By the time the government's plan can be proven not to work, the highway will be built, and the irreplaceable habitat (and perhaps the entire endangered species) will be gone.
View the post titled No, the Endangered Species Act has no teethTar ponds class action close to certification?
The most interesting part of the judgment will be how it treats pollution impacts on human health.
View the post titled Tar ponds class action close to certification?Texas wind lawsuit a sign of things to come?
A major Texas wind lawsuit has underscored the importance of proper contracts to allocate the common risk of inadequate transmission capacity.
View the post titled Texas wind lawsuit a sign of things to come?Does the Endangered Species Act have teeth?
Is that all the Endangered Species Act will do? Create an expensive sort of legal shell game while irreplaceable habitat is bulldozed?
View the post titled Does the Endangered Species Act have teeth?Receive Blog Posts
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