Demand-side management goes to court
Pollution Probe is taking the Ontario Energy Board to court over demand-side management (DSM) for gas utilities. DSM refers to programs that utilities use to assist and encourage their customers to conserve. For example, electric utilities use DSM programs to encourage customers to use less …
View the post titled Demand-side management goes to courtEnvironmental Assessment not statutory authority?
An environmental assessment, no matter how “extensive and wide ranging”, does not amount to statutory authority, or provide a defence in nuisance, according to the British Columbia Court of Appeal in Appeal in Heyes v. Vancouver, now Susan Heyes Inc. (Hazel & Co.) v. South C…
View the post titled Environmental Assessment not statutory authority?Upset, concern and worry aren't enough
The Ontario Court of Appeal has agreed: upset, concern and worry aren’t enough to warrant compensation.
View the post titled Upset, concern and worry aren't enoughHanna, wind and Statements of Environmental Values
In Hanna v. MOE, what did the Decisional Court decide about the legal status of the Ministry of the Environment Statement of Environmental Values? Not much, in my opinion.
View the post titled Hanna, wind and Statements of Environmental ValuesDivisional Court rejects Hanna anti- wind application today
The Divisional Court has strongly rejected Ian Hanna’s attack on renewable energy approvals for wind turbines. Hanna objected to the 550 metre setback requirement, proposing that turbines should only be sited in remote locations. He claimed this was required by the MoE Statement of Env…
View the post titled Divisional Court rejects Hanna anti- wind application todayLong ago and far away? Oil company liability
Chevron is not the only US oil company facing blockbuster claims for damages from South American indigenous groups, due to past environmental damage apparently sanctioned by their governments. The US Ninth Circuit Court of Appeals has agreed to allow 25 Peruvian plaintiffs to sue Occidental …
View the post titled Long ago and far away? Oil company liabilityEnvironmental moot court
Congratulations to everyone who participated in the weekend Environment Moot Court at Osgoode Hall. I was very impressed by the calibre of the students, and by the wide support that both judges and the environmental bar gave to make the event a success.
View the post titled Environmental moot courtChevron, Ecuador, and court shopping
30,000 people, including indigenous tribes, suing Chevron (for toxic waste discharges by its predecessor, Texaco) obtained an $8.6 billion judgment this week from the Provincial Court of Justice of Sucumbios in Lago Agrio, Ecuador. The penalty is reportedly to be doubled if Chevron does not…
View the post titled Chevron, Ecuador, and court shoppingHanna v. MOE, wind energy in the Divisional Court
Ed Hanna’s attack on the Ontario renewable energy approval system for wind turbines is before the Ontario Divisional Court this week. Richard Blackwell quoted me about it in Monday’s Globe.
View the post titled Hanna v. MOE, wind energy in the Divisional CourtThe dirty side of "clean fill"
Consumers and businesses frequently purchase or accept “clean fill” for use on their properties, without requiring environmental testing. But if the fill is contaminated, the ultimate costs can be very high.
View the post titled The dirty side of "clean fill"Receive Blog Posts
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