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environmental law

Carnival Shut Down for Air Pollution Health Hazard

In August 2012, the Health Services Appeal and Review Board (HSARB), for the first time ever, held air pollution (aside from second hand smoke) to be a “health hazard” under Ontario’s Health Protection and Promotion Act (HPPA). Under section 13(1) of the Act, a public health inspector may order any person to take action, or [...]

Oslo Principles on Climate Change: Governments are Breaching Legal Duties

A group of preeminent international jurists  have put together a series of legal principles, called the Oslo Principles on Global Obligations to Reduce Climate Change. These principles demonstrate that the governments of the world are breaching their legal duties to their citizens, by doing so little about climate change. The purpose in drafting the Principles was [...]

Breach of Environmental Order Lands Director in Jail

The company was ordered to pay restitution, plus a $120,000 fine. It didn't pay...The officer/director was personally fined $5,000 and sentenced to five days in jail.

Expert Evidence at the Environmental Review Tribunal

Dianne spoke last week at the Ontario Bar Association seminar on Using Environmental Experts Effectively at the Ontario Environmental Review Tribunal. Here is a copy of her presentation: Experts at Environmental Review Tribunal. In theory, expert evidence at the Tribunal is governed by much the same rules as in the civil and criminal courts, and should [...]

Retrial: lower fines for environmental consultant

In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing, owner of a contaminated site. Following an appeal and retrial, the fines imposed on geo-environmental firm Bruce A. Brown Associates [...]

Why so many environmental sample results are misleading

A knowledgeable reader writes: "Dear Diane, ...Reading through the various "Environmental Law and Litigation" articles excellently written by your staff, I'm increasingly frustrated by the universal failure throughout the industry to recognize a very serious flaw at the root of environmental site assessments/cleanups and it is one that has serious consequences for all involved, particularly [...]