Contaminated site lawsuit: How not to win
Owners of a contaminated site are often too optimistic about their “rights” to compensation. Sometimes, chasing compensation for contamination just throws good money after bad. For example, Terrim Properties Ltd. wanted to build a gaming centre in Castlegar, B.C. Their loan fell…
View the post titled Contaminated site lawsuit: How not to winManaging fill: when is surplus soil “waste”, and where can it go?
Soil movement is big business in Ontario, involving perhaps 170 million tonnes/ year, and adding about 15% to infrastructure costs. Last year’s changes to the contaminated sites regulation Reg. 153/04 have made soil movement more difficult and expensive than ever, and further cost increases …
View the post titled Managing fill: when is surplus soil “waste”, and where can it go?Sustainable remediation: what is the status?
The United Kingdom program, Contaminated Land: Applications in Real Environments, provides excellent resources on contaminated site remediation. One of their contributors, the University of Cambridge, is now seeking input on sustainable remediation. Study participants will receive the final report.
View the post titled Sustainable remediation: what is the status?Environmental Review Tribunal appeal notices must be complete
The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal: Ball v. Director. Several appeals were also dismissed in Monture v. Ontario, Ministry of the Environment, because the notices of appeal w…
View the post titled Environmental Review Tribunal appeal notices must be completeNew Canadian environmental assessment: a rose by any other name?
Officially, the Canadian Environmental Assessment Act, 2012, has abolished most federal environmental assessment screenings, but the practical effect is less than it appears. Parks Canada, for example, has simply replaced the old Canadian Environmental Assessment Act process with its new, …
View the post titled New Canadian environmental assessment: a rose by any other name?Missed documents in public participation undermine compost downzoning bylaw
The British Columbia Court of Appeal has struck down a downzoning bylaw to eliminate composting at a licenced composting business: Fisher Road Holdings Ltd. v. Cowichan Valley (Regional District).
View the post titled Missed documents in public participation undermine compost downzoning bylawLiability insurer need not pay for voluntary delineation and cleanup
According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment …
View the post titled Liability insurer need not pay for voluntary delineation and cleanupCertificate of analysis ok as evidence despite minor error and delay?
A court accepted a Maxxam certificate of analysis into evidence in an environmental prosecution, despite a minor error in an internal chain of custody, and a two month delay in issuing the certificate. The decision is useful for anyone who takes samples, analyses them or uses the result in court.
View the post titled Certificate of analysis ok as evidence despite minor error and delay?Science, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…
View the post titled Science, proof and causation: when courts and scientists disagreeHow safe is natural gas?
No source of energy is “safe”, i.e. has zero adverse effects. We are frequently consulted by people who have had their lives turned upside down by oil spills, some recent, some decades ago. Often, those spills cannot be fully cleaned up, and can tear families apart. Coal and nucl…
View the post titled How safe is natural gas?Receive Blog Posts
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