Court of Appeal overturns Berendsen
The most lasting impact of Berendsen may be Judge Seppi's trenchant criticism of the MOE's standard-setting process, and its failure to consider either cumulative effects or special sensitivities of some species.
View the post titled Court of Appeal overturns BerendsenOntario has posted its GHG reporting regulation
Ontario has adopted Regulation 452/09, its Greenhouse Gas Emissions Reporting regulation. The regulation will require a broad range of Ontario organizations to report their greenhouse gas emissions, starting with the calendar year that begins January 1, 2010. In response to 33 submissions co…
View the post titled Ontario has posted its GHG reporting regulation$1,000,000 penalty for odour
Fines for industrial accidents keep climbing. On November 4, 2009, BP Canada Energy Company pleaded guilty to one count of causing an odorous discharge that caused an adverse effect. BP was fined $800,000 plus the 25% victim fine surcharge. BP operates a natural gas liquid fractionation plan…
View the post titled $1,000,000 penalty for odourCan anyone comply with O.Reg. 419/05?
Standard Development Branch's interpretation of O.Reg. 419/05 is making it difficult for responsible industries to obtain the air permits that they need to operate in Ontario.
View the post titled Can anyone comply with O.Reg. 419/05?Read all about it
What are the prospects for litigation relating to green energy projects, especially wind? Dianne is quoted on this today in both the National Post and the Globe and Mail. Whenever the law is unclear or counterintuitive, it is always good for lawyers.
View the post titled Read all about itAboriginal consultation and renewable energy approvals
In order to implement the Green Energy Act, Ontario has recently adopted O. Reg. 359/09, to set up a new regime for accelerated approvals of renewable energy projects (wind, solar, anaerobic digestion and biomass combustion). One key element of the new regime is a six month “service guaran…
View the post titled Aboriginal consultation and renewable energy approvalsRenewable Energy Approvals- Plain Language Guide
The Ontario government is hurrying to release plain language guides to its new renewable energy approvals regime. A Renewable Energy Approval Guide is expected to be released shortly, followed by public consultation on draft Technical Guidance. In the meantime, an overview of the approvals r…
View the post titled Renewable Energy Approvals- Plain Language GuideGreenhouse gas reporting
The US EPA has published its final rule on greenhouse gas reporting for 31 American industrial sectors; see the Federal Register (www.regulations.gov) under Docket ID No. EPA-HQ-OAR-2008-0508-2278. The rule will be effective December 29, 2009. EPA is still considering reporting rules for t…
View the post titled Greenhouse gas reportingHow do you measure a setback?
As I am writing my commentary on the new renewable energy approvals regulations, I have noticed an unusual wrinkle. Unlike all other Ministry of the Environment setbacks, noise setbacks are measured from the centre of the noise receptor property/building, not from the property boundary. See…
View the post titled How do you measure a setback?Ian Hanna, redux
On October 19, I wrote about Ian Hanna, the Big Island resident who is suing for an injunction to block the Ministry of Environment from issuing any renewable energy approvals for wind projects. Such an injunction would prevent the construction of almost all new commercial wind projects. Bas…
View the post titled Ian Hanna, reduxReceive Blog Posts
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