More thoughts about fairness
The Nova Scotia Law Reform Commission wrestled recently with the concept of fairness in environmental liability, especially in relation to retroactive laws and joint and several liability. It is interesting to compare this to the ERT decision in Kawartha Lakes in November:
View the post titled More thoughts about fairness"Enhanced" Records of Site Condition
According to the Ministry of the Environment, one of its key changes to Reg. 153/04 (in Reg. 511/09) are its “enhancements” to the Record of Site Condition process. These “enhancements” have three major components: A quality control / audit process for Records of Site Condition, before they …
View the post titled "Enhanced" Records of Site ConditionNew brownfields rules
The Ontario Ministry of the Environment has quietly adopted sweeping changes to the regulation of brownfields and other contaminated sites. Some of the changes were extensively reviewed with stakeholders during the past three years; others were surprises: See the 87 pages of Regulation 511/0…
View the post titled New brownfields rulesDownloading liability on municipalities
Senior governments seem to have no shame about downloading enormous, undisclosed environmental liabilities on municipalities. In an English case, Corby Group Litigation v. Corby District Council, the Corby Borough Council (CBC) has been held liable for allowing residents to become exposed t…
View the post titled Downloading liability on municipalitiesNew brownfields standards coming soon
Ministry of the Environment staff are seeking approval for proposed changes to the brownfields regulation, 153/04. Last year, the MOE proposed far-reaching changes, including: much more stringent generic cleanup standards, to be phased in 12 months later, a more flexible Tier 2 for risk assessment,
View the post titled New brownfields standards coming soonPort Stanley Harbour
Here's an update on one of our community projects, the Port Stanley Harbour. Transport Canada wants to download the badly contaminated harbour onto the local municipality and its ratepayers.
View the post titled Port Stanley HarbourRelying on reliance letters
Reliance letters may give the holder no practical remedy if an engineer's report turns out to be negligent.
View the post titled Relying on reliance lettersReceive Blog Posts
By subscribing to our blog, you will receive an email when a new post is added. You can unsubscribe at any time by sending an email to us at [email protected] with the word “unsubscribe” in the subject line.