In January of 2013, Shell Canada allegedly spilled "flare liquids", similar to gasoline, from its refinery in Sarnia. People in a nearby First Nation (often affected by Chemical Valley spills) experienced odours, irritation and illness. After waiting until the end of the two year limitation period, the Ministry of the Environment and Climate Change has charged Shell with [...]
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 Lusitande Yaiguaje, et al., Supreme Court of Canada File No. 35682. Although substantial pollution [...]
When governments do little to enforce environmental laws, generally or in particular areas, private citizens and environmental groups sometimes try to fill the gaps with private prosecutions. These cases are burdensome and expensive to handle, but can make a significant difference, as Ecojustice's light pollution case did to make mirrored buildings safer for birds. But [...]
Environment Canada obtained the largest environmental penalty ever imposed in Canada for breaches of the Fisheries Act and Metal Mining Effluent Regulations by a mining company: $7,500,000. The breaches occurred in 2011 and earlier under the old Fisheries Act, before massive changes to the law in 2012. Bloom Lake General Partner Limited pleaded guilty to 45 charges, resulting [...]
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?
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 [...]