Spilling Drinking Water: $285,000

by Dianne Saxe on January 26, 2012

Is spilling drinking water an offence? [click to continue…]

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Fine of $345,000 plus jail for hog manure

by Dianne Saxe on January 25, 2012

Eric and Yvonne Van Boekel, Van Boekel Hog Farms Inc. and Van Boekel Holdings Inc. were fined a total of $345,000 plus 25% victim fine surcharge, for repeated hog manure spills from two pig farms, that caused adverse effects to their neighbours and impaired water quality. Mr. Van Boekel  was also sentenced to serve 30 days in jail. [click to continue…]

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Conservation authorities permitting changes

January 24, 2012

The Ministry of Natural Resources has Proposed Amendments to Conservation Authority Regulations made and approved under Section 28 of the Conservation Authorities Act. The amendments don’t seem objectionable. They are intended to streamline the permitting process for grading and filling flood plains, by extending the maximum period of a permit from 24 months to 60 months [...]

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Biggest World Risks for the Next Decade

January 23, 2012

The World Economic Forum’s Risk Response Network has published a fascinating, if sobering, overview of major risks that face the world in the next decade: Global Risks 2012, 7th edition. They predict that economic and societal factors are the most likely to cause major problems, but these will be exacerbated by climate change, water shortages [...]

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Sunrise Propane prosecution to start

January 20, 2012

On August 10, 2008, a propane explosion occurred at the Sunrise Propane distribution plant located on Murray Road in Toronto, Ontario. The explosion forced the evacuation of approximately 12,500 residents and caused widespread damage and injury. Sunrise employee Parminder Singh Saini, 25, was killed in the explosion, and firefighter Bob Leek died of a heart attack while battling [...]

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Old windows for a good cause?

January 19, 2012

Do you have any old wooden sash windows sitting in the garage? The wonderful Toronto Atmospheric Fund wants about 30 of them to make a new dividing wall that lets more light into their offices. If you can help, please e-mail Lyle Jones, ljones@tafund.org –they will pick them up!

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Keystone rejected, for now

January 18, 2012

The Obama administration announced today they will reject the permit on the controversial 1,700-mile oil sands pipeline project, Keystone XL, because the US Congress forced an immediate decision before the proposed route revision through Nebraska could be studied. Transcanada will reapply, shifting the final decision until after the fall election, just as President Obama planned.

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Approvals Reform, phase 2

January 18, 2012

The Ministry of the Environment is moving into the second phase of its long-awaited comprehensive approval reforms. The first part of the new approvals framework became operational on October 31, 2011.Two more parts of this initiative are now open for public consultation. The first is

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Roundup on “Roundup”

January 17, 2012

Dianne is quoted in this week’s Lawyers Weekly about the hard-won “special review” of glyphosate, a weed-control product that contains the pesticide polyoxyethylene tallow amines, and is also known as Roundup. The case is: Wier v. Canada (Minister of Health), [2011] F.C.J. No. 1583.  The article is written by Donalee Moulton.

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What’s happened to federal enforcement?

January 16, 2012

In Getting Tough on Environmental Crime?, Ecojustice collates fragmentary, publicly available information to show the marked decline in federal environmental inspections and convictions since 2004.

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Biodiversity protection- how good?

January 12, 2012

Just as the Ministries of Environment and Natural Resources brace for cuts, the Environmental Commissioner of Ontario has released another timely special report on the grave threats to biodiversity in Ontario.

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Ponoka fined $70,000 for sewage discharge permitted by province

January 11, 2012

While federal environmental enforcement is less frequent these days, the fines imposed are getting larger. The small town of Ponoka, Alberta (population about 7000) was fined $70,000 after pleading guilty to one count under the Fisheries Act. The Town was releasing effluent from their wastewater lagoon in the Battle River, as permitted by the Province, [...]

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In depth analysis of Heyes v BC

January 10, 2012

We’ve twice mentioned the BC case, refusing to compensate business owners severely impacted during subway construction: Susan Heyes Inc. v. South Coast BC Transportation Authority. See April and March, 2011. The Supreme Court refused leave to appeal on October 20, 2011. The current issue of the Journal of Environmental Law and Practice contains

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Congratulations to Environmental Commissioners

January 9, 2012

I am late in congratulating both the Ontario and the federal Environmental Commissioners for their invaluable annual reports, and will try to look more closely at their findings as time permits. The Ontario Commissioner emphasizes how much the Ontario Ministry of the Environment is doing with a steadily declining share of government revenues- now half [...]

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Offshore wind moratorium claim

January 6, 2012

For those interested, here is a copy of Trillium Power vs. The Queen (Ontario), Trillium’s Statement of Claim against the province of Ontario over Ontario’s on-again, off-again policy of encouraging offshore wind development, which is currently under a moratorium again. The allegations are, of course, unproved, but they make fascinating reading all the same, for those [...]

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