Ecuador oil pollution claim can try again to collect from Chevron in Canada
Indigenous Ecuadorian villagers can try again to enforce a controversial $18 billion environmental damage award against Texaco (now merged with Chevron Corp., one of the world’s largest corporations) in Canada. This is part of a worldwide legal battle between the villagers, seeking to …
View the post titled Ecuador oil pollution claim can try again to collect from Chevron in CanadaNo appeal from Environmental Review Tribunal refusal of stay pending appeal
She ruled that the Legislature intended orderees to have no remedy if the Tribunal turns down their request for a stay pending appeal, regardless of the financial consequences and of the potential invalidity of the Order.
View the post titled No appeal from Environmental Review Tribunal refusal of stay pending appealInnocent owner Kawartha Lakes loses at Court of Appeal
The Ontario Court of Appeal has upheld a decision of the Environmental Review Tribunal, refusing to allow an innocent landowner, City of Kawartha Lakes, to lead evidence about the actual polluters. Everyone agreed that the City was completely innocent of the fuel spill, which flowed onto mun…
View the post titled Innocent owner Kawartha Lakes loses at Court of AppealStrong opposition to sewage processing facility foiled by filing error
Lystek’s controversial sewage sludge processing facility in Southgate, Ontario, will not face an appeal of its Environmental Compliance Approvals, because opponents, after fighting the facility for so long, made a critical error in seeking leave to appeal. See Green v. Ontario.
View the post titled Strong opposition to sewage processing facility foiled by filing errorWaterpower projects can't be reviewed because they don't get review?
So, waterpower development can't be reviewed by the ERT, because it gets only minimal scrutiny under the Environmental Assessment Act. Given the substantial adverse environmental impacts that waterpower development can have, it is incongruous to exempt it so fully from public review.
View the post titled Waterpower projects can't be reviewed because they don't get review?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 completeKawartha Lakes to seek leave to appeal
The City of Kawartha Lakes has given notice that it will seek leave to appeal the Divisional Court’s decision, which upheld an MOE order against it. The Order required Kawartha Lakes, the victim of a third party oil spill, to pay for the cleanup of that spill on public property. This i…
View the post titled Kawartha Lakes to seek leave to appealMOE wins: Kawartha Lakes must pay
innocent victims of contamination now have no defence against a Ministry cleanup order. They will be forced into the civil courts if they hope for any remedy
View the post titled MOE wins: Kawartha Lakes must payResidents get leave to appeal landfill closure
Where evidence indicates that the landfill may be causing contamination, a precautionary approach requires that the harm be presumed to be occurring unless and until there is concrete evidence that it is not. In situations where scientific uncertainty exists as to whether an activity is …
View the post titled Residents get leave to appeal landfill closureZephyr Wind REA Appeal dropped
To date, every Renewable Energy Approval for a wind farm has been appealed to the Environmental Review Tribunal. The Environmental Review Tribunal rejected the first appeal, for the Kent Breeze wind farm, but ruled that it will allow the same or similar evidence in subsequent cases.11-208 MI…
View the post titled Zephyr Wind REA Appeal droppedReceive Blog Posts
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