Can municipalities still regulate renewable energy projects?
Some municipal lawyers argue, however, that municipalities may still have the power to block unpopular renewable energy projects, such as wind turbines.
View the post titled Can municipalities still regulate renewable energy projects?Read all about it
What are the prospects for litigation relating to green energy projects, especially wind? Dianne is quoted on this today in both the National Post and the Globe and Mail. Whenever the law is unclear or counterintuitive, it is always good for lawyers.
View the post titled Read all about itHow 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?Quick Overview of Canadian Environmental Law
Please checkout our new page, with its quick summary of Canadian environmental in an easy-to-read, question and answer format. It starts: Legislation 1 Main environmental regulations What are the main statutes and regulations relating to the environment? Under Canada’s constitution, environm…
View the post titled Quick Overview of Canadian Environmental LawHow will nuisance law affect P3?
Read our comments on Heyes v. Vancouver in the National Post this week.
View the post titled How will nuisance law affect P3?Taking climate change to the courts
On Friday, October 16, a second major US appeals court ruled that victims of climate change can sue polluters. In Comer v. Murphy Oil USA (5th Cir.), victims of Hurricane Katrina sued a number of companies that produce fossil fuels for causing greenhouse gas emissions that contributed to cli…
View the post titled Taking climate change to the courtsThe most important environmental cases of 2009
What do you think are the most important environmental law cases in Canada in 2009 so far?
View the post titled The most important environmental cases of 2009More details on climate change civil suit
For a more detailed analysis of using nuisance to successfully sue major emitters of greenhouse gases, Connecticut v. American Electric, see my article in this week’s Lawyers Weekly.
View the post titled More details on climate change civil suitClimate change victims can sue coal-fired plants
Those who burn coal create emissions known to have adverse effects (climate change) on others. These are the very sorts of harm that tort law is designed to control.
View the post titled Climate change victims can sue coal-fired plantsInfrastructure P3 builders liable for nuisance
Similar facts could easily arise on many other infrastructure projects across Canada; there is almost always a more expensive alternative that would reduce disruption for nearby residents and businesses. And governments rarely select that alternative.
View the post titled Infrastructure P3 builders liable for nuisanceReceive Blog Posts
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