Environmental Tribunal blocks afterthought grounds for leave to appeal
Ontario’s Environmental Review Tribunal has refused to allow a developer to completely change its proposed grounds for seeking leave to appeal an Environmental Compliance Approval given to an existing industry, under the Environmental Bill of Rights and the Environmental Protection Act…
View the post titled Environmental Tribunal blocks afterthought grounds for leave to appealBuyer can’t expect compensation for pre-existing contamination
If Midwest purchased a contaminated property, it must prove that there has been an increase in the contamination level of property caused by the Defendants.
View the post titled Buyer can’t expect compensation for pre-existing contaminationIt is now an environmental offence to kill birds with buildings
Ecojustice has done another important public service by prosecuting Cadillac Fairview for slaughtering migratory birds, including endangered species, with a particularly lethal set of mirrored buildings, the Yonge Corporate Centre (“YCC”) office buildings in Toronto. According to Judge Melvy…
View the post titled It is now an environmental offence to kill birds with buildingsNew air standards in effect: Reg. 419/05 bites today
A major tightening of air pollution emission standards comes into force today for many Ontario industries. Regulation 419/05, under the Environmental Protection Act, bases air pollution standards on avoiding local impacts to human health and the environment, NOT on what is economically or te…
View the post titled New air standards in effect: Reg. 419/05 bites todayWhat counts as pollution?
Two recent cases have reached opposite conclusions about what counts as a “contaminant” under Ontario’s Environmental Protection Act (EPA). Neither case seems to make much environmental sense. Why is flyrock a “contaminant”, when reflected light that lures millions of birds to their deaths i…
View the post titled What counts as pollution?Chemtura fined $150,000 for air pollution leak
As environmental fines continue to increase, Chemtura Canada Inc. was fined $150,000, plus the victim fine surcharge of $37,500, for spilling sulphuric acid mist into the air, contrary to the Environmental Protection Act. Chemtura’s Toronto manufacturing facility produces sulfonates an…
View the post titled Chemtura fined $150,000 for air pollution leakDust from asphalt plant triggers $81,250 penalty
Ingram Asphalt Inc. was fined $65,000 plus victim fine surcharges of $16,250 for discharging dust and particulate adversely impacting the surrounding environment and community. The company failed to notify the ministry of the dust emissions and did not comply with conditions of a ministry order.
View the post titled Dust from asphalt plant triggers $81,250 penaltyInnocent victim, Kawartha Lakes, gets leave to appeal spill cleanup order
The Ontario Court of Appeal has granted leave to appeal the Ministry of the Environment Order requiring an innocent victim of a spill, the City of Kawartha Lakes, to clean up oil from a domestic fuel spill.
View the post titled Innocent victim, Kawartha Lakes, gets leave to appeal spill cleanup orderWaterpower projects can't be reviewed because they don't get review?
So, waterpower development can't be reviewed by the ERT, because it gets only minimal scrutiny under the Environmental Assessment Act. Given the substantial adverse environmental impacts that waterpower development can have, it is incongruous to exempt it so fully from public review.
View the post titled Waterpower projects can't be reviewed because they don't get review?An introduction to the law of noise pollution
Dianne gave a well received introduction to the law of noise pollution at the Ontario Bar Association’s Halloween breakfast. Topics included what is noise, who regulates it, how the Environmental Protection Act applies, enforcement under the EPA, bylaws and the OMB, and civil suits fo…
View the post titled An introduction to the law of noise pollutionReceive Blog Posts
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