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 managementSupreme Court will hear important appeal: is flying rock a discharge?
When governments adopt surprising new interpretations of existing laws, shouldn’t they have to tell the regulated community before they start prosecuting them?
View the post titled Supreme Court will hear important appeal: is flying rock a discharge?Can biased sampling create hazardous waste?
One of our current cases deals with a question that is critical to everyone in the waste business: can biased sampling make a non-hazardous waste “hazardous”?
View the post titled Can biased sampling create hazardous waste?Liability insurer need not pay for voluntary delineation and cleanup
According to Ontario’s Court of Appeal, General Electric Canada (GE) can’t make its liability insurer pay for the delineation and cleanup of a former GE property contaminated with trichloroethylene (“TCE”), because it voluntarily complied with a Ministry of the Environment …
View the post titled Liability insurer need not pay for voluntary delineation and cleanupMore Regulation for Geothermal Heat Pumps
The Ministry of the Environment moved swiftly this spring to increase regulation of geothermal (ground-sourced) heat pump installations, because of an urgent risk of releasing hazardous underground gases. Ontario revoked the old regulation governing Ground Source Heat Pumps and replaced it w…
View the post titled More Regulation for Geothermal Heat PumpsKawartha Lakes to seek leave to appeal
The City of Kawartha Lakes has given notice that it will seek leave to appeal the Divisional Court’s decision, which upheld an MOE order against it. The Order required Kawartha Lakes, the victim of a third party oil spill, to pay for the cleanup of that spill on public property. This i…
View the post titled Kawartha Lakes to seek leave to appealHalton Recycling and Newmarket
The Ministry of the Environment has withdrawn its last charges against the Halton Recycling plant in Newmarket, which were to go to trial this week.
View the post titled Halton Recycling and NewmarketOCA agrees: Ministry of Everything
When fly-rock from a blasting site hits a house, is that a “discharge” of a “contaminant” that must be immediately reported to the Ministry of the Environment Spills Action Centre? Ontario’s Court of Appeal says “yes”.
View the post titled OCA agrees: Ministry of EverythingEasier approvals for renewable energy
The Ministry of the Environment (MOE) is proposing regulatory amendments to O.Reg. 359/09 under the Environmental Protection Act (EPA) and to Reg. 334 under the Environmental Assessment Act (EAA) to streamline the regulatory process for renewable energy projects as part of the response to th…
View the post titled Easier approvals for renewable energyResidents get leave to appeal landfill closure
Where evidence indicates that the landfill may be causing contamination, a precautionary approach requires that the harm be presumed to be occurring unless and until there is concrete evidence that it is not. In situations where scientific uncertainty exists as to whether an activity is …
View the post titled Residents get leave to appeal landfill closureReceive Blog Posts
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