For environmental liability, who is an "officer"?
Who is an “officer”? Section 194 of the Ontario Environmental Protection Act imposes substantial duties on corporate officers and directors, without defining who they are. It is essential for people to know whether these duties and this environmental liability applies to them. If…
View the post titled For environmental liability, who is an "officer"?Unlimited personal no fault liability for directors and officers?
The Ontario government argued in Superior Court on April 18 that former corporate directors and officers have presumptive, unlimited, personal, no-fault liability to orders to pay all environmental costs associated with the assets of their former corporation, or of the subsidiaries of that c…
View the post titled Unlimited personal no fault liability for directors and officers?New Guidance for Excess Soil management
The Ministry of the Environment has released its draft Best Management Practices for Soil Management in Ontario for two more months of public comment. The document outlines the MOE’s “recommendations” and “expectations” for managing the reuse of excess soils, a hugely important issue for the…
View the post titled New Guidance for Excess Soil managementManaging fill- an update
A knowledgeable reader brings us up to date about “Managing Fill: when is surplus soil a “waste”, and where can it go?” Hello Dianne, You have done an excellent job of briefly capturing the excess soil handling issues in Ontario including the high costs, the continui…
View the post titled Managing fill- an updateGuidance re surplus construction soil
Looking for some good precedents on careful management of surplus soil from construction sites? The European Union Waste Framework Directive (Directive 2008/98 EC) requires that all surplus soil from all construction sites be treated as waste, whether contaminated or not, but several jurisdi…
View the post titled Guidance re surplus construction soilDemand-side management goes to court
Pollution Probe is taking the Ontario Energy Board to court over demand-side management (DSM) for gas utilities. DSM refers to programs that utilities use to assist and encourage their customers to conserve. For example, electric utilities use DSM programs to encourage customers to use less …
View the post titled Demand-side management goes to courtBP 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 ServiceReceive Blog Posts
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