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Published on: 14 May 2013 By (Dianne Saxe)

Will Environmental Tribunal enforce public trust in water?

Ecojustice has intervened in an appeal before Ontario’s Environmental Review Tribunal, hoping that they will enforce a public trust in water resources. Nestle Canada Inc. (“Nestle”) runs Ontario’s largest water bottling operation. They pump groundwater from two different sets of wells …

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Published on: 16 Apr 2013 By (Dianne Saxe)

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…

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Published on: 12 Feb 2013 By (Dianne Saxe)

Anti-wind litigation: is there an end in sight?

After nearly two years of vigorous anti-wind litigation in Ontario, anti-wind activists have failed to satisfy any court or tribunal that wind energy development in accordance with government standards will cause serious harm. Many wind projects have been approved, and wind-based electrical …

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Published on: 7 Jan 2013 By (Dianne Saxe)

Strong opposition to sewage processing facility foiled by filing error

Lystek’s controversial sewage sludge processing facility in Southgate, Ontario, will not face an appeal of its Environmental Compliance Approvals, because opponents, after fighting the facility for so long, made a critical error in seeking leave to appeal. See Green v. Ontario.

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Published on: 19 Nov 2012 By (Dianne Saxe)

Waterpower 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.

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Published on: 29 Aug 2012 By (Dianne Saxe)

Environmental Review Tribunal appeal notices must be complete

The Environmental Review Tribunal has dismissed an anti-wind appeal, because the neighbours opposed to the project did not file a proper notice of appeal: Ball v. Director. Several appeals were also dismissed in Monture v. Ontario, Ministry of the Environment, because the notices of appeal w…

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