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Spills are good for lawyers

by Dianne Saxe on September 2, 2010

Spills always seem to be good for lawyers, if not for the environment.  More than 300 lawsuits have been filed against BP relating to the Gulf oil spill, in addition to the Gulf Coast Claims Facility that is handing out emergency money from the $20 billion set aside by BP. But lower profile spills also attract lawsuits.

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Can Orange Drop survive without EcoFee?

by Dianne Saxe on September 1, 2010

In all the fuss about the EcoFee, no one seems to have noticed Orange Drop.

The much maligned EcoFee was a  system to have purchasers of household hazardous products pay for the proper disposal of those products, instead of loading the cost on municipalities or future generations. Orange Drop is Stewardship Ontario’s program to help collect and lawfully dispose of such products. [click to continue…]

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Tar sands polluting the Athabaska River

August 31, 2010

How do the tar sands operators get away with polluting the great Athabaska River, despite federal and provincial laws that allegedly protect rivers? By insisting that everything is fine, and that all the pollution is “natural”. Now, Professor David Schindler has blown their cover, by collecting the kind of data that governments used to do. Will [...]

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Syncrude sentencing put off re ducks

August 30, 2010

Syncrude has decided to make a deal, if it can, rather than keep fighting. The trial for killing 1600 ducks in a tailings pond was  scheduled to resume August 18,  in order to decide whether Syncrude can be fined for both the federal and provincial offences. Instead, the case has been adjourned again until October [...]

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When is wood waste renewable?

August 27, 2010

Is biomass really renewable?  The Green Energy Act treats wood waste as an  infinitely renewable source of energy, like sunlight and wind.  But is it?  Biomass sceptics have pointed to high costs (in money and in energy) to collect, transport and handle wood waste, especially as fuel for  electrical generation.  Now, Trent Professor Shawn Watmough has [...]

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E-waste enforcement growing across borders

August 26, 2010

Electronic waste, or ‘e-waste’, has become a significant international environmental enforcement challenge.  Each year, hundreds of thousands of used electronic items – containing highly toxic substances like lead, mercury and cadmium – are shipped across the world. Some provinces, like B.C., Alberta, Manitoba and Ontario, have e-waste recycling programs to encourage residents to get rid [...]

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What I did on my summer vacation

August 25, 2010

What a beautiful country we have. We are so lucky to live here.

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Off-shore wind- lake zoning?

August 24, 2010

Ontario’s process for making Crown land available for renewable energy projects continues into its second phase as the Ministry of Natural Resources (MNR) invite the public to provide input on where, when and how the Government should make Crown land available for off-shore wind projects. The proposed policy is also seeking public input on additional [...]

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What do we owe our neighbours?

August 23, 2010

Property owners must not worsen problems faced by their neighbours. In Donley Investments Ltd. v. Canril Corp., Canril owned a vacant commercial property at 90 George Street in Ottawa, one inch west of the Donley building. The Donley basement began flooding in February 2003, after a broken City water main flooded the Canril building. No [...]

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Who’s got BPA, and so what?

August 20, 2010

What are Canadians made of? Not snakes and snails and puppy-dog tails, or even sugar and spice, as the children’s rhyme goes.  Try lead and bisphenol-A (BPA).

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Conservation Authority gets injunction, wetland protected

August 19, 2010

Is there real enforcement of conservation authority regulations? Often, no, but that may be starting to change. In Lakehead Region Conservation Authority v. DeMichele, the Ontario Court of Appeal has upheld a permanent injunction preventing a developer from further dredging and filling in a wetland, without a permit.

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Gerretsen loses post as Environment Minister

August 18, 2010

In Ontario’s Cabinet shuffle, Gerretsen is demoted to the consumer services ministry and is being replaced by Revenue Minister John Wilkinson, who will have the job of devising a new household hazardous waste recycling plan by October 18. Details here.

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Offshore wind turbines–the setback proposal

August 18, 2010

Ontario probably can’t make a meaningful switch towards renewable energy  without offshore wind development, which will be largely sterilized by the proposed 5 km minimum setback rules. For a sample letter opposing the setback, click here. To see our letter to the Premier on the point, click ltr to Premier re setback Aug 18 10. [...]

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Syncrude hearing resumes

August 18, 2010

Today, Judge Tjosvold will resume the Syncrude trial for the killing of 1600 ducks that landed on a badly managed, lethal tailings pond. He will decide whether Syncrude can be punished for both the federal and provincial offences that it committed. Anyone interested in the environmental toll of the tar sands should read this decision, which [...]

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Public Participation- Stopping SLAPPs

August 17, 2010

One of my recent pro bono projects has been develop the Ontario Bar Association’s submission on the need for a new law to control Strategic Lawsuits against Public Participation (SLAPPs). The submission is now posted, and I’ll be presenting it to the Attorney General’s eminent Advisory Panel next week.

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