Pollution from distant source a nuisance?
The legal category of nuisance may be easier to use for long distance air pollution after a recent comment by the Ontario Court of Appeal. In Antrim Truck Centre Ltd. v. Ontario (Transportation), 2011 ONCA 419 (CanLII), Justice Epstein ruled that nuisance claims can be successfully made, no matter the distance between the source and the...
Continue reading the post titled Pollution from distant source a nuisance?Lab 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.
Continue reading the post titled Lab fined for late noticePort Authority biased in approving coal port?
This month, Ecojustice filed an application for judicial review of the Vancouver Fraser Port Authority’s decision to permit a coal transfer facility. They claim that the Port Authority failed to consider some environmental effects, including climate change, and that the decision of the Port and its officers and staff was affected by bias. Bias is a serious...
Continue reading the post titled Port Authority biased in approving coal port?Another anti-wind appeal dismissed by Tribunal
The Ontario Environmental Review Tribunal has dismissed yet another anti-wind appeal, in 14-059 GILLESPIE V. MOE. This upholds the renewable energy approval issued to the Goshen Wind Energy Centre, up to 63 wind turbines, with a generation capacity of 102 megawatts, located in Bluewater and South Huron, Huron County, Ontario. By now, so many of the anti-wind...
Continue reading the post titled Another anti-wind appeal dismissed by TribunalWind appeals starting to settle?
Now that the Divisional Court has upheld Ontario’s renewable energy approval process, and the decisions of the Environmental Review Tribunal on concerns about adverse health effects, wind appeals are starting to settle. The Tribunal has heard appeal after appeal against renewable energy approvals (REAs) for wind farms, many raising substantially the same health concerns (commonly concerns...
Continue reading the post titled Wind appeals starting to settle?A Short History of Wind Litigation in Ontario
Dianne Saxe delivered a presentation to the American Bar Association on July 22, providing a comprehensive overview of wind litigation in Ontario since the Green Energy Act came into effect. She traced a number of trends in the types of wind cases that are being brought before the Environmental Review Tribunal (including the persistent failure...
Continue reading the post titled A Short History of Wind Litigation in OntarioMore Stringent Regulatory Requirements – Water Taking
The Ministry of the Environment and Climate Change (“MOECC”) has posted a draft regulation to the Environmental Registry proposing to establish a moratorium on the issuance of new or increasing permits to take water for the purposes of water bottling. We previously blogged about the water taking controversy in the Township of Centre Wellington. The...
Continue reading the post titled More Stringent Regulatory Requirements – Water TakingFederal environmental law reform: expert Panel on NEB modernization releases its report
The expert panel created to study and propose solutions for reform of the National Energy Board (“NEB”) has released its report, entitled “Forward, Together: Enabling Canada’s Clean, Safe and Secure Energy Future” (“NEB Report”). The NEB Report comes on the heels of the report issued by the expert panel tasked with conducting a similar review...
Continue reading the post titled Federal environmental law reform: expert Panel on NEB modernization releases its reportLaw or Politics?
The Federal Government filed its defence on Thursday, to Friends of the Earth’s climate change lawsuit. Last year, the three opposition parties combined to pass a Kyoto Protocol Implementation Act, now part of the law of Canada. This statute requires the Minister of the Environment to prepare a climate change action plan every year to...
Continue reading the post titled Law or Politics?Green energy generation, but what about transmission?
The "right to connect" is not as simple as it sounds.
Continue reading the post titled Green energy generation, but what about transmission?Receive Blog Posts
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