Cumulative pollution a Charter breach?
Ecojustice has launched a lawsuit on behalf of Aamjiwnaaang First Nation members, Ron Plain and Ada Lockridge, alleging that the cumulative effects of government approved pollution in Sarnia’s Chemical Valley amounts to a violation of their human rights under sections 7 and 15 of the …
View the post titled Cumulative pollution a Charter breach?Hazardous waste nonsuit decision
As mentioned last week, we won a rare non-suit motion in the Ontario Court of Justice on three counts, each against three defendants charged with improperly managing hazardous waste at a transfer site, contrary to the Environmental Protection Act. In each case, the Ministry of the Environme…
View the post titled Hazardous waste nonsuit decisionSuccessful nonsuits- hazardous waste
Successful non-suits of environmental prosecutions are rare. A non-suit is granted only when the Crown has failed to offer any evidence, no matter how manifestly unreliable, of the essential elements of the offences charged. I was therefore particularly pleased to achieve three non-suits o…
View the post titled Successful nonsuits- hazardous wasteFactory farms- who controls the pollution?
Who is responsible for pollution from contract farms: the family farm, or the multi-national food company who controls everything that they do? A US case has set an important precedent on the liability of the food companies. In Assateague Coastkeeper v Hudson et al, an environmental group su…
View the post titled Factory farms- who controls the pollution?Tar ponds class action close to certification?
The most interesting part of the judgment will be how it treats pollution impacts on human health.
View the post titled Tar ponds class action close to certification?Air 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?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?Drive Clean tweaked
Ontario’s vehicle emissions control program, Drive Clean, is getting a tuneup. Amendments to Ontario Regulation 361/98[i] (Motor Vehicles) under the Environmental Protection Act will modernize the Drive Clean program.[ii] By December 12, 2012, the Acceleration Simulation Mode (dynamometer) …
View the post titled Drive Clean tweakedSyncrude found guilty in ducks case
Syncrude has been found guilty of two offences relating to the large duck kill of 2008. That April, 1606 migrating ducks died after landing on the toxic tailings pond of the huge Aurora tar sands mine. A member of the Sierra Club laid the original charges, another vindication for private pro…
View the post titled Syncrude found guilty in ducks caseDoes pollution breach human rights?
Is heavily polluting a community a breach of its human rights? The Inter American Commission on Human Rights has agreed to hear a precedent-setting case against the United States based on environmental racism in Cancer Alley, as a breach of human rights. Heavily polluting industries are ofte…
View the post titled Does pollution breach human rights?Receive Blog Posts
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