A recent decision out of Newfoundland should remind prospective purchasers of real estate NOT to count on Environmental Site Assessments (ESAs) or other environmental reports commissioned by the seller, unless they acquire a specific contractual right to rely on that report, e.g. through a reliance letter. Real estate lawyers, take note, please. In Community Mental Health Initiative Inc. v. [...]
Giant Mine remediation illustrates one of many ways that current environmental assessment processes for major projects raise public expectations that they cannot meet.
Canada's most contaminated site, the Yellowknife Giant Mine, has reached a milestone in its $1 billion taxpayer-funded remedial plan. The dangerous and badly contaminated roaster building, which created hundreds of thousands of tonnes of highly poisonous arsenic trioxide, (enough to kill every human in the world) has finally been demolished. Between 1948 and 2004, the Giant Mine was [...]
IMP Group International Inc. appealed unsuccessfully from a Nova Scotia Minister of the Environment Order to study and remediate offsite groundwater contamination that it did not cause.
The Ontario Provincial Policy Statement (PPS)has recently changed how it refers to contaminated sites. The PPS is the official expression of the provincial government’s policies on land use planning. It applies province-wide and "provides clear policy direction on land use planning to promote strong communities, a strong economy, and a clean and healthy environment." What effect will the [...]
Is the "public interest" in getting environmental work done immediately more important than whether there is a sound legal basis for making a particular person pay for it?