Environmental Penalties higher in 2009
The Ministry of the Environment issued more environmental penalties in 2009: 13, totalling over $107,000. Although the total is still small, this is a significant increase over the 6 EP, totalling $69,583, that the Ministry issued in 2008. Companies were able to obtain reductions of up to 25…
View the post titled Environmental Penalties higher in 2009Downloading 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 municipalitiesWhy is fairness irrelevant?
Innocent parties forced to pay unfair environmental costs should seek compensation in the civil courts, and should not expect any help from the ERT.
View the post titled Why is fairness irrelevant?Buy contaminated site, then sue?
I have never understood why so many people think they can knowingly buy a contaminated site and then force someone else to clean it up.
View the post titled Buy contaminated site, then sue?GHG threaten public health and the environment
The US EPA has released its long-awaited, long-overdue endangerment finding: yes, human greenhouse gas emissions threaten human health and the environment.
View the post titled GHG threaten public health and the environmentUS liable for Katrina damages
Canadian courts would also be likely to hold government liable for negligent operation of a public work that caused substantial damage to individuals. Given the predicted intensity and ferocity of future storms in Canada, governments at all levels should be looking carefully at how they …
View the post titled US liable for Katrina damagesWind and the precautionary principle
I don't expect Ian Hanna to succeed in his lawsuit to block the Ministry of the Environment from issuing renewable energy approvals for wind projects
View the post titled Wind and the precautionary principleThe most important environmental cases of 2009
What do you think are the most important environmental law cases in Canada in 2009 so far?
View the post titled The most important environmental cases of 2009Suing negligent engineers
A surprisingly large part of my practice involves suing engineers and other environmental consultants for their negligence and breach of contract relating to contaminated sites.
View the post titled Suing negligent engineersThoughts about sampling
Accurate sampling, or the lack of it, is a frequent pitfall in environmental litigation.
View the post titled Thoughts about samplingReceive Blog Posts
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