More anti-wind power appeals dismissed
Ontario’s Environmental Review Tribunal (ERT) recently dismissed two more anti-wind power appeals, this time relating to the same project. One of the appeals had a new feature: whether wind turbines interfere with weather forecasting radar. July 9, 2014, Fata v. MOE, ERT Registry Nos.: 13-14…
View the post titled More anti-wind power appeals dismissedKawartha Lakes appeal heard by Court of Appeal
The City of Kawartha Lakes has appealed to the Ontario Court of Appeal from a Ministry of the Environment Order, which imposed cleanup liability on the City for contamination it did not cause. The City argues that the MOE should have imposed those cleanup costs on the polluters, meaning eith…
View the post titled Kawartha Lakes appeal heard by Court of AppealEnvironmental Tribunal blocks afterthought grounds for leave to appeal
Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act…
View the post titled Environmental Tribunal blocks afterthought grounds for leave to appealLatest anti-wind appeal ends with a whimper
Just as wind scientists have noted for years, he testified that health effects are based primarily on people’s opinions about the turbines. Therefore, he said, if an individual believes that a turbine will harm him or her, that person will suffer such harm, and therefore turbines should n…
View the post titled Latest anti-wind appeal ends with a whimperInnocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.
View the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup orderEnvironmental 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 appealFinancial Assurance after business closes
An MOE order for financial assurance can be enforced even after the business has closed and been evicted from its premises, and even without a full hearing by the Environmental Review Tribunal. The ERT had enough evidence to know that the cleanup would cost much more than the existing financ…
View the post titled Financial Assurance after business closesOCA agrees: Ministry of Everything
When fly-rock from a blasting site hits a house, is that a “discharge” of a “contaminant” that must be immediately reported to the Ministry of the Environment Spills Action Centre? Ontario’s Court of Appeal says “yes”.
View the post titled OCA agrees: Ministry of EverythingResidents 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 closureReceive Blog Posts
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