Major Victory for Lafarge Neighbours and ECO
The Ontario Divisional Court has given a resounding victory to the Environmental Review Tribunal and to neighbours who oppose tire burning at the Lafarge cement plant in Bath. Last spring, the ERT granted neighbours leave to appeal two certificates of approval, issued by the Ministry of the Environment to allow Lafarge to burn tires at...
Continue reading the post titled Major Victory for Lafarge Neighbours and ECORenewable energy approvals proposal- changes needed
The proposed mandatory setbacks for wind turbines will block a high percentage of planned wind projects, and especially those close to load. This will increase the need for long-distance transmission lines, which have significant environmental footprints.
Continue reading the post titled Renewable energy approvals proposal- changes neededBiomass and the Green Energy Act
Renewable energy approvals will be much more demanding for the MOE (and the Environmental Review Tribunal) than anything they do now.
Continue reading the post titled Biomass and the Green Energy ActClass Action Update
Another attempt to seek environmental health damages in a class action has failed. The federal government, Dow and Pharmacia are facing class actions across the country relating to herbicides used at its military base in Gagetown, New Brunswick.
Continue reading the post titled Class Action UpdateWhy isn't industry more worried about Reg. 419/05?
If wildly improbable events are the benchmark for measuring compliance, industrial facilities in urban locations will rarely “comply”.
Continue reading the post titled Why isn't industry more worried about Reg. 419/05?Reg. 419/05: is it better to be "conservative" or accurate?
As Reg. 419/05 is being rolled out, the MOE insists on being much more "conservative", not "accurate", in evaluating emissions. The result: many facilities are suddenly deemed to be breaking the law.
Continue reading the post titled Reg. 419/05: is it better to be "conservative" or accurate?New brownfields standards coming soon
Ministry of the Environment staff are seeking approval for proposed changes to the brownfields regulation, 153/04. Last year, the MOE proposed far-reaching changes, including: much more stringent generic cleanup standards, to be phased in 12 months later, a more flexible Tier 2 for risk assessment,
Continue reading the post titled New brownfields standards coming soonThe New Reality – Summary Judgment Motions
Following a recent decision, Michael Polvere describes why the old adage “I’ll get my day in court”, in the traditional sense, has changed. While much has been written by lawyers, and between lawyers, about the ground breaking case, Hryniak v Mauldin,[1] which was decided by the Supreme Court of Canada in January of this year;...
Continue reading the post titled The New Reality – Summary Judgment MotionsThe Rise And Fall Of Chadha v Bayer
Introduction Although numerous price-fixing conspiracy class actions have been commenced in Canada, only a relatively small number have proceeded to a contested certification motion. For those that have proceeded to a contested certification, one of the main challenges for plaintiffs has been overcoming the high evidentiary threshold established primarily by the Ontario Court of Appeal...
Continue reading the post titled The Rise And Fall Of Chadha v BayerEnvironmental penalties gaining steam
Ontario’s environmental penalties regime for spills is gathering steam. The final count for 2009 was 13 penalties totalling $112,143.20, most under the Environmental Protection Act. The highest penalty was $23,750. Thirteen more penalties have already been issued in the first four months of 2010, totalling $77,003.
Continue reading the post titled Environmental penalties gaining steamReceive Blog Posts
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