Court of Appeal overturns Berendsen
The most lasting impact of Berendsen may be Judge Seppi's trenchant criticism of the MOE's standard-setting process, and its failure to consider either cumulative effects or special sensitivities of some species.
View the post titled Court of Appeal overturns BerendsenAnother wind energy lawsuit
If you have been at Kingston’s waterfront lately, you’ve seen an 86-turbine wind farm on nearby on Wolfe Island. According to TransAlta, the operator, it’s the second largest wind farm in Canada. The non-profit Hearthmakers Energy Co-operative is proud of the spinning blades and…
View the post titled Another wind energy lawsuitRead all about it
What are the prospects for litigation relating to green energy projects, especially wind? Dianne is quoted on this today in both the National Post and the Globe and Mail. Whenever the law is unclear or counterintuitive, it is always good for lawyers.
View the post titled Read all about itWhy can't we protect trees?
Theoretically, some laws are supposed to protect trees, they aren't actually effective in practice.
View the post titled Why can't we protect trees?Wind and the precautionary principle
I don't expect Ian Hanna to succeed in his lawsuit to block the Ministry of the Environment from issuing renewable energy approvals for wind projects
View the post titled Wind and the precautionary principleQuick Overview of Canadian Environmental Law
Please checkout our new page, with its quick summary of Canadian environmental in an easy-to-read, question and answer format. It starts: Legislation 1 Main environmental regulations What are the main statutes and regulations relating to the environment? Under Canada’s constitution, environm…
View the post titled Quick Overview of Canadian Environmental LawRenewable Energy Approvals
Missed this week’s executive workshop on Carbon Finance? Renewable energy approvals is Dianne’s presentation on how renewable energy approvals will work in Ontario under the Green Energy Act and the Environmental Protection Act, and on the lawsuit that is trying to block wind. Bo…
View the post titled Renewable Energy ApprovalsFederal Court of Appeal rejects KPIA appeal
Friends of the Earth have lost their appeal to the Federal Court of Appeal against Canada’s defiance of the Kyoto Protocol Implementation Act, a Canadian statute. Just days before the 5th US Circuit Court of Appeal ruled that climate change nuisance lawsuits are justiciable, in Comer v…
View the post titled Federal Court of Appeal rejects KPIA appealHow will nuisance law affect P3?
Read our comments on Heyes v. Vancouver in the National Post this week.
View the post titled How will nuisance law affect P3?Taking climate change to the courts
On Friday, October 16, a second major US appeals court ruled that victims of climate change can sue polluters. In Comer v. Murphy Oil USA (5th Cir.), victims of Hurricane Katrina sued a number of companies that produce fossil fuels for causing greenhouse gas emissions that contributed to cli…
View the post titled Taking climate change to the courtsReceive Blog Posts
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