PMRA failing to fulfill its mandate
The Federal Commissioner for the Environment and Sustainable Development (“Commissioner”) tabled her audit findings on January 26, 2016 of the management of pesticides by Health Canada’s Pest Management Regulator Agency (“PMRA”). The Commissioner reviewed PMRA’s efforts to protect Canadians and the Environment from the unacceptable risks associated with the use of pesticides. The report concluded With respect to conditional...
Continue reading the post titled PMRA failing to fulfill its mandateThe GM Salmon debate: allow, label, or outlaw?
To what extent should we continue to welcome genetically modified organisms (“GMOs”) into our food systems? The question has continued to invoke impassioned responses in recent years, with GMOs simultaneously touted by some as the salvation to global food security issues while decried by others as a menace to human health, the environment, and development. With the recent...
Continue reading the post titled The GM Salmon debate: allow, label, or outlaw?Little Brown Bat the latest critter to shut down proposed wind farm
The Environmental Review Tribunal (“ERT”) has again demonstrated its willingness to allow appeals of renewable energy approvals (“REA”) for wind project on the basis that it will cause serious and irreversible harm to animal life, plant life or the natural environment. In Hirsh v Director, Ministry of the Environment and Climate Change–a 123-page decision–the ERT allowed...
Continue reading the post titled Little Brown Bat the latest critter to shut down proposed wind farmEnergy East pipeline project faces further legal hurdles
Regional concerns over the contentious Energy East project have taken on an interesting twist recently. Quebec is seeking an injunction against the proponent of the proposed Energy East pipeline project, Trans Canada Corporation, forcing the company to submit the project to provincial environmental assessment. The request came shortly in advance of environmental hearings conducted by the Bureau...
Continue reading the post titled Energy East pipeline project faces further legal hurdlesFeds publish proposed microbeads ban
The federal government will go ahead with a ban of microbeads in personal hygiene products. We wrote last summer about both the then-Conservative government’s announced intention to institute a ban as well as the problems to Canadian waterways posed by the presence of microbeads in personal care products such as face wash, toothpaste, and soap. The Federal government has now...
Continue reading the post titled Feds publish proposed microbeads banDry Cleaner Sentenced to House Arrest for Improper Storage of Tetrachloroethylene
An Edmonton businessman and owner of a dry cleaning operation, First Class Cleaners, was given an four-month conditional sentence on that is to be served in the community. The owner of First Class Cleaners plead guilty to five Canadian Environmental Protection Act offences relating to the use of tetrachloroethylene (also known as perchloroethylene or PERC)....
Continue reading the post titled Dry Cleaner Sentenced to House Arrest for Improper Storage of TetrachloroethyleneEndangered Species Litigation in Court of Appeal
Earlier this week, two environmental groups, Wildlands League and Ontario Nature (the “Appellants”), were in the Court of Appeal for Ontario seeking to have struck down a 2013 regulation that significantly altered the regime for protecting species at risk in Ontario. When initially introduced in 2007, the Endangered Species Act (the “Act”) was hailed as...
Continue reading the post titled Endangered Species Litigation in Court of AppealEnvironmental Assessment in the Courts
A duo of recent decisions underscore yet again the need for an overhaul of the existing environmental assessment (“EA”) regime. Environmental groups Greenpeace Canada, Lake Ontario Waterkeeper, Northwatch, and the Canadian Environmental Law Association (the “Applicants”) filed two judicial review applications of the EAs conducted as part of the proposed expansion of a nuclear power...
Continue reading the post titled Environmental Assessment in the CourtsAnother Conviction under the Migratory Birds Convention Act
The Migratory Birds Convention Act, 1994 (MBCA) is again being used as a tool to protect migratory birds that are also species at risk. In early April, Bergedac Ltée, and a shareholder and employee of the company, were convicted and fined a total of $12,000 for violating Migratory Birds Convention Act, 1994 for the destruction...
Continue reading the post titled Another Conviction under the Migratory Birds Convention ActFurther 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 respect to harm to the woodlands, neither the compensation nor...
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