Environmental appeals have to be done right
The Environmental Review Tribunal has reminded all potential appellants that they MUST correctly file their appeals, if they want their case to be heard. In Waterdown Gardens v MOE, a prolonged dispute between the Ministry and the company resulted in two separate orders suspending their cert…
View the post titled Environmental appeals have to be done rightIs Flyrock really a pollution discharge?
The Ministry of the Environment has prosecuted and convicted an Ontario company for failing to report a “discharge” when fly rock flew out of a construction site and damaged a house. Castonguay Blasting was following all proper precautions when the blast occurred, and immediately…
View the post titled Is Flyrock really a pollution discharge?Wind energy appeal moving fast
The first wind energy appeal to the Ontario Environmental Review Tribunal is moving quickly. The Kent Breeze approval was issued November 12, 2010. The Erickson appeal was filed on November 29. A preliminary hearing was held January 11. The hearing of the appeal began February 1 and will c…
View the post titled Wind energy appeal moving fastBig fees for renewable energy approvals
The Ontario Ministry of the Environment has announced its intention to start charging significant fees for applications for renewable energy approvals: EBR 011-1203. The new Renewable Energy Approval fee structure will come into effect on March 15, 2011.
View the post titled Big fees for renewable energy approvalsFirst "permit by rule" approval sectors
Ontario’s new environmental approvals system is proposed to have two streams: a detailed Approvals Process (to be called Environmental Compliance Approval) for more complex situations, similar to the current certificates of approval. In this stream, applications for activities outside …
View the post titled First "permit by rule" approval sectorsHanna 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 CourtEnvironmental Violations Administrative Monetary Penalties
The federal Environmental Violations Administrative Monetary Penalties Act is now in force. In June 2009, the federal government passed the Environmental Enforcement Act, to amend nine existing environmental statutes and to create the Environmental Violations Administrative Monetary Penaltie…
View the post titled Environmental Violations Administrative Monetary PenaltiesBrownfields deadline looms
There are just a few days left for landowners who want to extend their right to finish existing cleanups using the “old” (2004) cleanup standards. As of July 1, 2011, stricter (2009) cleanup standards will come into effect under Ontario Reg. 153/04. Landowners can preserve the op…
View the post titled Brownfields deadline loomsDocuments excluded after illegal seizure
Environmental investigators are not allowed to seize private documents unless they have prior judicial authorization (i.e., a search warrant) or the consent of the owner of the documents. However, this does not always stop them.
View the post titled Documents excluded after illegal seizureNow can they make you talk?
Most of the “Open for Business Act” changes to Ontario environmental laws won’t take effect till next year or so. But one important change has already happened: they may be able to make you talk.
View the post titled Now can they make you talk?Receive Blog Posts
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