Court of Appeal overturns Berendsen
The most lasting impact of Berendsen may be Judge Seppi's trenchant criticism of the MOE's standard-setting process, and its failure to consider either cumulative effects or special sensitivities of some species.
View the post titled Court of Appeal overturns BerendsenOntario has posted its GHG reporting regulation
Ontario has adopted Regulation 452/09, its Greenhouse Gas Emissions Reporting regulation. The regulation will require a broad range of Ontario organizations to report their greenhouse gas emissions, starting with the calendar year that begins January 1, 2010. In response to 33 submissions co…
View the post titled Ontario has posted its GHG reporting regulationCan anyone comply with O.Reg. 419/05?
Standard Development Branch's interpretation of O.Reg. 419/05 is making it difficult for responsible industries to obtain the air permits that they need to operate in Ontario.
View the post titled Can anyone comply with O.Reg. 419/05?Aboriginal consultation and renewable energy approvals
In order to implement the Green Energy Act, Ontario has recently adopted O. Reg. 359/09, to set up a new regime for accelerated approvals of renewable energy projects (wind, solar, anaerobic digestion and biomass combustion). One key element of the new regime is a six month “service guaran…
View the post titled Aboriginal consultation and renewable energy approvalsRenewable Energy Approvals- Plain Language Guide
The Ontario government is hurrying to release plain language guides to its new renewable energy approvals regime. A Renewable Energy Approval Guide is expected to be released shortly, followed by public consultation on draft Technical Guidance. In the meantime, an overview of the approvals r…
View the post titled Renewable Energy Approvals- Plain Language GuideHow do you measure a setback?
As I am writing my commentary on the new renewable energy approvals regulations, I have noticed an unusual wrinkle. Unlike all other Ministry of the Environment setbacks, noise setbacks are measured from the centre of the noise receptor property/building, not from the property boundary. See…
View the post titled How do you measure a setback?More worries about Reg. 419/05
The Ontario Bar Association has adopted our submission_reg_419-05_06oct09 about the uncontrolled discretion being exercised under O.Reg. 419/05, and the regulated community’s need for a right of appeal from arbitrary decisions. The Minister of the Environment says he is carefully consi…
View the post titled More worries about Reg. 419/05New brownfields standards coming soon
Ministry of the Environment staff are seeking approval for proposed changes to the brownfields regulation, 153/04. Last year, the MOE proposed far-reaching changes, including: much more stringent generic cleanup standards, to be phased in 12 months later, a more flexible Tier 2 for risk assessment,
View the post titled New brownfields standards coming soonGeneral Chemical directors settle personal claim
This spring, the Environmental Review Tribunal approved a multi-million dollar settlement between the Ministry of the Environment and the officers and directors of General Chemical. General Chemical famously declared bankruptcy, abandoning a badly contaminated lagoon. Just before bankruptcy,…
View the post titled General Chemical directors settle personal claimGreen Energy Act regulations in force
Renewable energy projects are now exempt from a wide range of municipal and provincial approvals, and can be sited in a more-or-less one window approach through the Ministry of the Environment.
View the post titled Green Energy Act regulations in forceReceive Blog Posts
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