Further wind litigation in the Oak Ridges Moraine: Part II
Recently, the Environmental Review Tribunal (the “Tribunal”) allowed in part the appeal of a Renewable Energy Approval (“REA”) approving the construction of a wind turbine facility in the Oak Ridges Moraine Area in the City of Kawartha Lakes (the “Project”). The Tribunal concluded that, with…
View the post titled Further wind litigation in the Oak Ridges Moraine: Part IIFurther wind litigation and the Oak Ridges Moraine: Part I
Another appeal of a Renewable Energy Approval (“REA”) for a wind turbine project has made its way to, and been refused by, the Environmental Review Tribunal (“ERT”). The appeal in SR Opposition Corp v Director, Ministry of the Environment and Climate Change, 2015 CanLII 86926 (ON ERT) concer…
View the post titled Further wind litigation and the Oak Ridges Moraine: Part ICement Manufacturer fined $200,000 for dust discharge
Following a guilty plea in December 2015, Essroc Canada Inc., a cement manufacturer, based in Picton Bay, Ontario, was fined a total of $200,000 plus the 25% victim fine surcharge (an additional $50,000). This was for causing a discharge of dust into the natural environment and for failing t…
View the post titled Cement Manufacturer fined $200,000 for dust dischargeTransCanada to sue US under NAFTA over Keystone XL decision
Calgary-based pipeline company TransCanada has filed a Notice of Intent to Arbitrate (“Notice”) under article 11 of the North American Free Trade Agreement (“NAFTA”). It issued the Notice in response to US president Barack Obama’s November 6, 2015 refusal to gra…
View the post titled TransCanada to sue US under NAFTA over Keystone XL decision$750,000 Fine for Killing Migratory Birds
On November 5, 2015 Canaport LNG Limited Partnership plead guilty to charges under the Migratory Birds Convention Act, 1994 and the Species at Risk Act and was ordered to pay a total penalty of $750,000 by the New Brunswick Provincial court. The investigation conducted by Environment Canada …
View the post titled $750,000 Fine for Killing Migratory BirdsWhy buy a contaminated site, then sue?
I continue to be amazed by the number of people who knowingly (or carelessly) buy a contaminated site, wrongly assuming that they will have an automatic right to successfully sue a neighbour for the cost of cleanup. What advice are they getting from the real estate and litigation bar? I can&…
View the post titled Why buy a contaminated site, then sue?Neonic pesticides: Bee protection regulation upheld
An Ontario Superior Court has upheld provincial regulation to dramatically reduce the number of acres planted with corn and soybean seeds coated with a class of pesticides known as neonicotinoids or neonics, which are toxic to bees and other essential pollinators. In Grain Farmers of Ontario…
View the post titled Neonic pesticides: Bee protection regulation upheldDust in the wind: big fine for blowing tailings dust
The recent conviction of Unimin Canada Ltd (R v Unimin Canada Ltd, 2015 CarswellOnt 11640) underscores again the potential regulatory costs of failing to take appropriate preventative measures to ensure compliance with the Environmental Protection Act, RSO 1990, c E.19 (“EPA”)&…
View the post titled Dust in the wind: big fine for blowing tailings dustOil Pipelines and Climate Change: Eyes Wide Shut
Will the National Energy Board (“NEB”) listen to evidence about climate change when deciding whether to permit an oil pipeline? No, no, and no. The federal Conservatives have dramatically narrowed Canada’s environmental laws, in a concerted effort to force through approval of oil pipelines, …
View the post titled Oil Pipelines and Climate Change: Eyes Wide ShutWild horses can't keep wind energy away: new twist on anti-wind litigation
In Clarington Wind Concerns v Ontario (Director, Ministry of the Environment and Climate Change), 205 CanLII 51503 (ON ERT), the Environmental Review Tribunal (“ERT”) has dismissed the latest twists in anti-wind litigation. This time, wind opponents raised concerns about spooked …
View the post titled Wild horses can't keep wind energy away: new twist on anti-wind litigationReceive Blog Posts
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