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Spills

Environmental orders: no stay pending appeal

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?

Chevron 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 terrible oil pollution and health damages allegedly caused by [...]

Appeal Court Rejects Pollution Exclusion in Oil Overflow

In O’Byrne et al. v. Farmers’ Mutual Insurance Company (Lindsay), 2014 ONCA 543, the Ontario Court of Appeal has forced an insurer to pay for a fuel oil cleanup after a spill, despite a pollution exclusion clause. The case involved an “all risks” insurance policy. A tenant inserted a piece of cardboard to bypass a furnace thermostat so [...]

Waterkeepers want notice of sewage bypasses

Congratulations to Lake Ontario Waterkeeper for their innovative application to the Ontario Environmental Commissioner, to force Toronto to give public notice when it bypasses sewage into Lake Ontario due to wet weather- about three times a month. The Environmental Bill of Rights allows anyone to filed a request for review of an existing practice or policy. [...]

Federal Court sends new nuclear reactor back to environmental assessment panel

In a decision released May 14, 2014, the Federal Court of Canada concluded that aspects of a Joint Panel Review (JPR) decision under the Canadian Environmental Assessment Act for a new nuclear reactor in Ontario were "unreasonable". It is a rare day indeed when a court finds an environmental assessment (EA) decision falls outside the "range [...]

Second shoe falls: flyrock discharge after Castonguay

If every rock that flies through the air, and does damage, is a "pollution" offence, what else is?