Environmental Enforcement

Compliance and enforcement of environmental law

Energy East Pipeline v Belugas, Part 2

The threatened white beluga whales of the St. Lawrence or high-noise pipeline work? Earlier this month we blogged about Justice Claudine Roy’s decision granting a temporary injunction to environmental groups, blocking Energy East Pipeline Ltd. and TransCanada Pipelines Ltd. from conducting exploratory work in the St. Lawrence River near Cacouna, QC until October 15, when a…

Ontario Anti-SLAPP law soon after all?

Yesterday,  we noted that Environment Minister Glen Murray’s mandate letter includes no reference to a new anti-SLAPP (Strategic Lawsuit against Public Participation) law: http://envirolaw.com/environment-minister-murrays-mandate-letter/, even though SLAPPs are often directed against environmental protection groups.  A faithful reader has helpfully pointed out that, thankfully, that is because bringing the anti-SLAPP law back to the Legislature is mandated to…

Environment Minister Murray’s mandate letter

Every Cabinet minister gets his or her marching orders from the Premier or Prime Minister. These “mandates” used to be top secret, but Ontario now makes them public. Here is the mandate letter for the new Minister of Environment and Climate Change, with our emphasis added. On environmental legislation, note the commitment to reintroducing the…

Regulatory tweak on export controls

The federal government  has tweaked the regulations it uses,  under the Canadian Environmental Protection Act (CEPA 1999), to control which polluting substances can be exported from Canada. The new rules reduce redundancy, and add in Canada’s obligations under the Stockholm Convention.

As minimum fines get higher, is there a work-around?

As minimum fines on multiple charges lead to increasingly unfair results, defence counsel, and occasionally judges, are looking for ways to reconcile the law with what they consider to be just results. Earlier this year, the Ontario Court of Appeal slammed the door shut on two such ideas: credit for compliance with regulatory orders, and concurrent…

Current environmental liability issues for municipalities

On June 17, Dianne and Graham Rempe of the City Toronto’s Legal Services spoke on the issue of current environmental liabilities for municipalities. Graham gracious agreed to allow us to post the paper we prepared here. As the introduction explains: Few topics evoke more concern about “vast” liability than environmental mishaps. Municipalities and their legal advisors are…