Ontario Environmental Review Tribunal Upholds Another Wind Turbine Approval
On January 4th, 2019, the Ontario Environmental Review Tribunal (“Tribunal” or “ERT”) issued another decision in the long list of dismissed appeals of wind turbine approvals (“Renewable Energy Approvals” or “REAs”). The crux of the 143 page decision in Concerned Citizens of North Stormont v.…
View the post titled Ontario Environmental Review Tribunal Upholds Another Wind Turbine ApprovalSupreme Court hears Chevron Ecuador pollution appeal
Can foreign pollution judgments be enforced in Canada? The Supreme Court of Canada has heard arguments on the attempt by Ecuador pollution plaintiffs to enforce their $9 plus billion Ecuador judgment against Chevron’s Canadian assets, in Chevron Corporation, et al. v. Daniel Carlos Lus…
View the post titled Supreme Court hears Chevron Ecuador pollution appealChevron intervention: what is the “public interest”?
The Canadian Bar Association (CBA) has been engaged in a fierce internal debate over the Association’s decision, now revoked, to intervene in Chevron’s appeal to the Supreme Court. The Ecuadorian plaintiffs in the case are seeking to enforce a $9.5 billion judgment obtained in Ecuador for te…
View the post titled Chevron intervention: what is the “public interest”?Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decision
The Supreme Court of Canada has granted Chevron’s application for leave to appeal the Ontario Court of Appeal decision allowing Ecuadorian plaintiffs to sue here to try to collect their $18 billion Ecuador pollution judgment. According to a US court, that award was based on fraud. Our …
View the post titled Supreme Court of Canada gives Chevron permission to appeal Ecuador pollution decisionSupreme Court considers Chevron leave to appeal; fraudulent Ecuador judgment re pollution
Donziger and his team "wrote the [Ecuadorian] court's Judgment themselves and promised $500,000 to the Ecuadorian judge to rule in their favor and sign their judgment."
View the post titled Supreme Court considers Chevron leave to appeal; fraudulent Ecuador judgment re pollutionWhy the Supreme Court decision in AbitibiBowater won’t work
We have written several times about the Supreme Court of Canada’s decision in AbitibiBowater v. Newfoundland, in which insolvency law trumped environmental orders. Today, we want to tell you more about the rule the court laid down, and why it is likely to have perverse consequences. In…
View the post titled Why the Supreme Court decision in AbitibiBowater won’t workAntrim: Supreme Court gives compensation for nuisance when highway moved
The Supreme Court of Canada has restored compensation to the Antrim truck stop, which lost its coveted place on the edge of a major highway when the highway was moved. The Court held that the $393,000 loss in business loss and property value was too heavy to expect Antrim to shoulder alone, …
View the post titled Antrim: Supreme Court gives compensation for nuisance when highway movedAbitibi wins, Newfoundland cleanup order unenforceable after insolvency
Provincial governments must do more to ensure that cleanup costs are provided by financial assurance during the active life of a business, and not rely on getting innocent third parties to pay for cleanups after the fact.
View the post titled Abitibi wins, Newfoundland cleanup order unenforceable after insolvencySupreme 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?Soil remediation: smell test stands up in court
The latest decision in the Horvath saga has upheld the “smell test” in delineating home furnace oil contamination for remediation.
View the post titled Soil remediation: smell test stands up in courtReceive Blog Posts
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