New York State Sues Companies for $38M in Remediation Costs
In June 2018 the State of New York sued 3M Co. and five other companies for the costs associated with the remediation of hazardous materials caused by the firefighting foam manufactured by these six companies. This is the first lawsuit of its type filed by a U.S. state against private compan…
View the post titled New York State Sues Companies for $38M in Remediation CostsRecords of Site Condition – common problems
Records of Site Condition are the regulatory documents used in Ontario to confirm whether a potentially or actually contaminated site meets acceptable standards for a particular land-use, under the Environmental Protection Act and O.Reg. 153/04. The Ministry of Environment and Climate Change…
View the post titled Records of Site Condition – common problemsAnother 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 …
View the post titled Another anti-wind appeal dismissed by TribunalPublic participation restrictions do not violate Charter
Can the federal government successfully muzzle (non-aboriginal) opponents to major energy and resource projects? So far, yes.
View the post titled Public participation restrictions do not violate CharterExperts permitted to testify via telephone… sometimes
The Environmental Review Tribunal has granted a request to have expert witnesses testify via telephone conference call when the appellants argued that it would be too costly to have them attend in person, and that videoconferencing was also costly, as well as prone to technological failure. …
View the post titled Experts permitted to testify via telephone… sometimesPublic Access to documents through the Environmental Registry
In two cases we blogged about last month (Brimley Progress v. Director, MOE and Environment Hamilton v. Director, MOE), the ERT found that the public should have access to the documents that support Environmental Compliance Approval (ECA) applications, or form part of their the final ECAR…
View the post titled Public Access to documents through the Environmental RegistryTribunal cracks down on non-expert anti-wind “experts”
Ontario’s Environmental Review Tribunal approved another wind farm on December 24, 2013, in Bovaird v. Director, Ministry of the Environment. In addition to rejecting the Charter argument, described earlier this week, Bovaird was notable for a slightly tougher approach to witnesses who propo…
View the post titled Tribunal cracks down on non-expert anti-wind “experts”Ruling: Wind turbine approvals comply with the Charter
While some people find wind turbines annoying, subjective annoyance is not so serious an infringement of personal security to constitute a breach of the Charter.
View the post titled Ruling: Wind turbine approvals comply with the CharterPublic access to approvals documents at Environmental Tribunal – Part 2
As mentioned in our previous post, there is a limited right of public access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, during an application for leave to appeal that ECA to the Environmental Review Tr…
View the post titled Public access to approvals documents at Environmental Tribunal – Part 2Public access to approvals documents at Environmental Review Tribunal
Per two of our recent victories at the Environmental Review Tribunal, the public has a limited right of access to approvals documents that are part of an application for an Environmental Compliance Approval (ECA), or are part of the ECA itself, when seeking leave to appeal that ECA. In Briml…
View the post titled Public access to approvals documents at Environmental Review TribunalReceive Blog Posts
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