BP and bad regulators: Minerals Management Service
One of the biggest scandals surrounding the BP oil spill in the Gulf of Mexico was the incompetence and worse of its regulator, the Minerals Management Service. Can pro-energy regulators also protect the environment? It seems unlikely.
View the post titled BP and bad regulators: Minerals Management ServiceAir pollution class action against the tar sands?
The successful class action by Port Colborne residents, Smith v. Inco, has opened the door to a similar class action against the tar sands. In Inco, nickel particles were emitted from the refinery for 80 years. There was no proof that Inco ever operated illegally or negligently, or failed …
View the post titled Air pollution class action against the tar sands?Inco to pay $36 million in Port Colborne class action
Inco has been ordered to pay $36 million to past and present property owners in Port Colborne, for lost property value due to historic nickel contamination. None of the contamination occurred after 1984, and Inco complied with all applicable laws during the operation of its refinery. Nevert…
View the post titled Inco to pay $36 million in Port Colborne class actionContaminated sites: which cleanup standards?
More stringent cleanup standards for contaminated sites will come into effect July 1, 2011, under 2009 amendments to Regulation 153/04. Some property owners with ongoing cleanups may prefer to use the old numbers, i.e. the “March 9, 2004 Soil, Ground Water and Sediment Standards” (“2004 sta…
View the post titled Contaminated sites: which cleanup standards?Public risk, private profits – why cap liability?
Humans are not perfect. Engineering, while amazing, is not perfect. Accidents ( including spills) will happen. What should environmental law, and lawyers, do about it?
View the post titled Public risk, private profits – why cap liability?Private prosecution gets a boost
There is often tension between the public’s right to commence a private prosecution, and the attorney general’s right to take over that prosecution, often in order to drop it. The Ontario Court of Appeal has given a boost to private prosecutors, ruling that they are entitled to have at least…
View the post titled Private prosecution gets a boostSeizure on consent?
When can ministry investigators seize documents outside the scope of a search warrant? During the execution of a warrant, Ministry of the Environment investigators seized approximately 100 documents that clearly lay outside the scope of the warrant. They showed one set of documents to the co…
View the post titled Seizure on consent?Time to slap down SLAPPS?
Strategic Lawsuits against Public Participation (SLAPPs) are lawsuits that some organizations use to suppress or punish their opponents, including public interest groups that fight proposed developments.[i] These suits used to be rare in Canada, but are now an increasing concern.[ii] They c…
View the post titled Time to slap down SLAPPS?What's toxic in that product?
What’s toxic in consumer products? A law we should have Labels on consumer products like cosmetics contain a long list of ingredients, usually in teeny tiny print, in English and in French. Unfortunately, most of us have no idea how to pronounce the multi-syllable ingredients, or why they a…
View the post titled What's toxic in that product?Federal environmental assessment shrinks
Eliminating federal EA makes it less likely that cumulative impacts will be evaluated, such as climate change.
View the post titled Federal environmental assessment shrinksReceive Blog Posts
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