Twitter Moot: Common law right to a healthy atmosphere?
Saxe Law Office is proudly sponsoring the environmental law Twitter Moot for the second year. The question being debated by Canadian law students (in 140 characters or less) is: Do Canadians have a legally recognized right to a healthy global atmosphere? If so, large scale emissions of green…
View the post titled Twitter Moot: Common law right to a healthy atmosphere?New Canadian environmental assessments exclude stakeholders and issues
The new standing rules in the Canadian Environmental Assessment Act, 2012, have now been interpreted the first two times, with contradictory results. The Prosperity Mine panel, in BC, has wisely interpreted the new standing rules broadly, including experts, Non-Governmental Organizations, Fi…
View the post titled New Canadian environmental assessments exclude stakeholders and issuesEnvironmental regulation: Municipalities v province, province v. federal government
What happens when municipal bylaws try to control energy or resource projects authorized by the federal or provincial governments? (They have some scope). How far will the Spraytech precedent take them? Can corporations use federal insolvency laws to cleanse themselves of irksome environment…
View the post titled Environmental regulation: Municipalities v province, province v. federal governmentHow will Canadian Environmental Assessment Act 2012 work for designated projects?
According to the Conservatives, the Canadian Environmental Assessment Act, 2012 (CEAA 2012) will streamline the EA process, avoid duplication and consolidate responsibility for [EA] to three agencies instead of 40.[1] These three agencies are the Canadian Environmental Assessment Agency (the…
View the post titled How will Canadian Environmental Assessment Act 2012 work for designated projects?Inco awarded $1,766,000 in costs for contamination class action
Justice J. R. Henderson of the Ontario Superior Court has awarded Inco $1,766,000 in legal costs arising from the Smith v. Inco nickel contamination class action in Port Colborne, Ontario. This is less than a quarter of Inco’s actual legal costs, which exceeded $5,340,000 after certi…
View the post titled Inco awarded $1,766,000 in costs for contamination class actionManaging fill- an update
A knowledgeable reader brings us up to date about “Managing Fill: when is surplus soil a “waste”, and where can it go?” Hello Dianne, You have done an excellent job of briefly capturing the excess soil handling issues in Ontario including the high costs, the continui…
View the post titled Managing fill- an updateDo the innocent get compensation after MOE orders?
Cleaning up your neighbour’s mess: Recovery of spill clean-up costs by the innocent party. It is clear that any civilized system of law is bound to provide remedies for cases of what has been called unjust enrichment or unjust benefit, that is to prevent a man from retaining the money of or …
View the post titled Do the innocent get compensation after MOE orders?New Canadian environmental assessment: a rose by any other name?
Officially, the Canadian Environmental Assessment Act, 2012, has abolished most federal environmental assessment screenings, but the practical effect is less than it appears. Parks Canada, for example, has simply replaced the old Canadian Environmental Assessment Act process with its new, …
View the post titled New Canadian environmental assessment: a rose by any other name?Science, proof and causation: when courts and scientists disagree
Bad science should be thrown out of court. When alleged scientific data fails to meet relevant, objective quality standards specifically developed for that kind of data, no one knows whether the claimed result is either reliable or correct. It is fundamentally unfair to punish anyone base…
View the post titled Science, proof and causation: when courts and scientists disagreeNarrower Canadian Environmental Assessment Regime in force
The new Canadian Environmental Assessment Act, 2012, is now in force, and federal environmental screenings are a thing of the past.
View the post titled Narrower Canadian Environmental Assessment Regime in forceReceive Blog Posts
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