Environews
Environmental Law Section Newsletter
Volume 17, No. 4 - June/Juin 2008
In this Issue:
- Message from the Chair - by Marc McAree
- A Closer Look at Ontario's First Environmental Penalty - by Julia Schatz and Sarah Gilbert
- Ministry of the Environment Refused Leave to Appeal a Stay of Environmental Charges Due to Information Sharing between Abatement Officer and Investigating Officer - by Bruce McMeekin
- Landowners Celebrate Appeal Victory that Started with 2002 EBR Challenge (but Quarry Owner Re-applies for a New Permit) - by David McRobert
- An Update on the Regulation of Greenhouse Gas Emissions - by Keith Sutherland and Petra Fisher
- Greening the Law Office - by Andrew Lord
- Backgrounder: Proposed Accelerated Environmental Assessment Process for Transit Projects - by Karen Dawson
- Environmental Law Section's Submission on the Ministry of the Environment's Proposal to Establish an Accelerated Environmental Assessment Process for Transit Projects
- Environmental Law Section's Letter to Professional Engineers Ontario (PEO) Requesting Clarification of PEO's Position on Phase I Environmental Site Assessments
- Aboriginal Law and the Duty to Consult - by Michael Fortier
- Risk Assessment - by Kaitlyn Mitchell
- Climate Change - by Joanna Rosengarten
- 2008-2009 Breakfast Passport Program Series - by Eric Gillespie
Volume 17, No. 3 - April/Avril 2008
In this Issue:
- Message from the Chair - by Marc McAree
- Disclosure of Environmental Information in Securities Law - by Julia Schatz and Keith Sutherland
- Two Can Play at this Game: Cross-border Pollution Enforcement - by Tamara Farber and Jonathan Myers
- Ministry of Transportation Must Pay $1.7 Million for Contaminating Dairy Fram - by Marc McAree and Barry Spiegel
- Federal Court Remits Environmental Assessment for Kearl Oil Sands Project Back to Panel - by Michael Fortier
- Damages for Contaminated Properties: Some Guidance from New Brunswick - by Rosalind H. Cooper
- Amendments to the Definition of Certain "Qualified Persons" - by Arti Sanichara
- Environmental Law Section's Submission on the Ministry of the Environment's Proposal to Change the Definition of Certain "Qualified Persons"
- The City of Toronto Proposes an Environmental Reporting and Disclosure By-Law - by Arti Sanichara and Barry Spiegel
- Ontario Bar Association Submission on the City of Toronto's Proposed Environmental Reporting and Disclosure Program
- Waste Management in Ottawa - by Catherine Beaudoin
- Passport Series Breakfast Program - Species at Risk - by Katie Goldberg Zwick
- Passport Series Breakfast Program - Outdoor Air - by Carolyn Shaw
Volume 17, No. 2 - January/Janvier 2008
In this Issue:
- Message from the Chair - by Marc McAree
- Soon Proclaimed: the Endangered Species Act, 2007 - by Rob Maciver
- Managing Waste Electrical and Electronic Equipment in Ontario - by Jackie Campbell
- Anti-Idling By-Law Breaks New Ground in Ontario - by Eric Gillespie
- Report from the Bali UN Climate Change Convention Conference - by Laura Zizzo
- Indoor Air: Vapour Intrusion, Mould and Asbestos - by Sarah Powell
- Environmental Law Practice Tips and Tools - by Jennifer Agnolin
Volume 17, No. 1 - October/Octobre 2007
In this issue:
- Message from the Chair - by Marc McAree
- Recent Environmental Regulatory Changes and Initiatives - by Barry Spiegel
- Sharing of Regulatory Information on the Horizon - by Stacey Ferrara
- A Regulatory Framework for Nanomaterials - by Maureen Carter-Whitney
- Freedom of Information: Right Delayed = Right Denied - by Sarah Powell and Katie Goldberg Zwick
- Taking Kyoto to the Courts - by Julia E. Schatz
- Passport Series Program - Brownfields: Proposed New Clean-up Standards - by Laura Zizzo
Volume 16, No. 3 - May/Mai 2007
In this issue:
- Message from the Chair - by Marc McAree
- Province of Ontario Considers Clustering Municipal, Environmental and Land Planning Tribunals in Agency Cluster Pilot Project - by Catherine Beaudoin
- Environmental Law Section Submission on the Agency Cluster Project Interim Report
- Proposed Changes to Ontario's Brownfield Regime - by Stacey Ferrara
- Environmental Law Section Submission on Proposed Brownfields Reform
- Something New, Something Old: Ontario's Brownfield Regime - by Michael Fortier
- Cleaning Up Environmental Claims: New Guide Identifies Standards for Environmental Labelling on Products - by Radha Curpen and Anik Lalonde-Roussy
- Ensuring a Reliable Electricity Supply - An Overview of Electricity System Planning in Ontario - by Jonathan Myers
- Renewable Energy Encouraged through Renewable Portfolio Standards - by Keith Sutherland
- Approvals under the Navigable Waters Protection Act - by Paul Draycott
- A Comment on the Proposed New Fisheries Act - by Ian Richler
- "Turning the Corner" on Greenhouse Gas Emissions? - by Aaron Atcheson
- Court Revokes Closure Order Against Composting Plant: Part II of Newmarket (Town) v. Halton Recycling Ltd. - by Rosalind Cooper
- Case Comment: Massachusetts v. Environmental Protection Agency - by Julia Schatz and Adrienne Moore
- Ensuring Safe Drinking Water for First Nations Communities - by Juli Abouchar
Volume 16, No. 2 - January/Janvier 2007
In this issue:
- Message from the Chair - by Marc McAree
- Ontario’s New Clean Water Act, 2006 - by Sean Love
- Draft Regulations Set Deadlines for Ending the Use and Storage of PCBs - by Sarah Powell
- Proposed Regulations and Guidelines for Environmental Penalties, Spill Prevention and Spill Contingency Planning, and Spill Notification - by Dianne Saxe
- Environmental Law Section Submission on Draft Regulations and Guidelines
- Case Comment: Abonyi v. Oxford (County) - by Julia Schatz and Andrew McLachlin
- Odours from Organics Composting Facility Causing Public Nuisance: Newmarket (Town) v. Halton Recycling Ltd. - by Stacey Ferrara
Volume 16, No. 1 - November/Novembre 2006
In this issue:
- Message from the Chair - by Marc McAree
- Proposed New Standards and Odour-Based Standards and Guidelines for
O. Reg. 419/05 - by Joanna Rosengarten and Douglas R. Thomson- Federal Government Announces Canada's Clean Air Act - by Kristi Ross
- Environmental Litigators Beware – What You Don’t Ask For in Discoveries Might Come Back to Bite You in the Contaminated Zone! - by Tamara Farber
- Supreme Court of Canada Decision Opens the Door to the Defence of Officially Induced Error in Environmental Prosecutions - by Catherine Beaudoin
- The Future of Environmental Class Actions: Two Canadian Case Comments Pearson v. Inco Limited - by Eric Gillespie
Citizens Against Pollution v. Alex Couture - by Dianne Saxe- Planning Law Trumps Environmental Law Again! - by Mimi Singh
- U.S. Case Comment: Pakootas v. Teck Cominco Metals Ltd. - by Julia Schatz and Keith Sutherland
- First Program of the Year Brings Section Members & MOE Together - by Carolyn Shaw
Volume 15, No. 3 - April/Avril 2006
In this issue:
- Message from the Chair - by Sarah Powell
- Federal and Provincial Governments Consolidate Air Reporting Initiatives - by Stacey Parker-Yull
- New Powers for Conservation Authorities to Regulate Development in Wetlands and Sensitive Areas - by Kristi Ross
- Bill 69 - The Regulatory Modernization Act, 2006 - New Enforcement Tools to Ensure Business Compliance in Ontario - by Dan Kirby and Anik Lalonde-Roussy
- Case Comment: Croplife Canada v. Toronto (City) - by Joanna Rosengarten
- Proposed Amendments to the Clean Air Act by the United States' Environmental Protection Agency - by Julia Schatz and Damienne Lebrun-Reid
- Upcoming Program
- Call for Section Executive Nominations 2006-2007
- Publications
- Multimedia Products
- Section Executive 2005-2006
Volume 15, No. 2 - January/Janvier 2006
In this issue:
- Message from the Chair - by Sarah Powell
- Comments on Bill 133 Stakeholder Consultation Paper
- Bill 43 - The Proposed Clean Water Act, 2005 - by Sean Love
- TSSA Advisory - by Stacey Ferrara
- New MOE Approvals and Inspections Regime in the Works - by Alexandria Pike and Katie Goldberg Zwick
- Ontario’s Court of Appeal Approves Environmental Class Action - by Sarah Powell, Alexandria Pike and Eric Gillespie
- 2006 Institute of Continuing Legal Education
- Publications
- Multimedia Products
- Section Executive 2005-2006
In this issue:
- Message from the Chair - by Sarah Powell
- Comments on Proposed Rules of Practice for Ontario's Environmental Review Tribunal
- Modifications Needed to Crown Disclosure Conditions in Environmental Prosecutions - by Barry Weintraub
- Brownfields Update: Mandatory Filing in Force October 1, 2005 - by Sarah Powell and Katie Goldberg Zwick
- Brownfields Update: Significant Civil Decisions - by Dianne Saxe
- Case Law Update - South Etobicoke and Crompton Appeals Dismissed - by Cara Clairman and Jonathan Myers
- Supreme Court of Canada Allows British Columbia to Sue Tobacco Industry for Health Care Costs - by Mark Madras and Ian Richler
- New Chair of Sections
- Upcoming Program
- 2006 Institute of Continuing Legal Education
- Section Executive 2005-2006
Volume 14, No. 3 - May/Mai 2005
In this Issue:
- Message from the Chair - by Sarah Powell
- Expert Panel Recommends Changes for Environmental Assessments - by Sarah Powell
- Canada’s Kyoto Plan: An Overview of "Project Green" - by Alexandria Pike
- Responsibility Agreements: Whose Responsibility? - by Mimi Singh
- Supreme Court of Canada Confirms Liability for Pre-Amalgamation Contamination - by Stacey Ferrara
- Ontario Court Considers Fairness in the Allocation of Responsibility for Historical Contamination - by Farah Malik
- Alberta Court of Appeal Clarifies Sentencing Principles for Environmental Offences - by Ian Richler
- Upcoming Program
- Section Executive 2004-2005
Volume 14, No. 2 - February/Février 2005
In this Issue:
- Message from the Chair - Bill 133 Special Edition - by Sarah Powell
- Bill 133 - What Does It Say? - by Cara Clairman
- Environmental Law Section - Bill 133 Submission
- Canadian Environmental Law Association - Bill 133 Submission
- Section Executive 2004-2005
Volume 14, No. 1 - October/Octobre 2004
In this Issue:
- Ontario to Re-Introduce AMPs as "Environmental Penalties"
- Message from the Chair
- Proponent May Design Terms of Reference for an Environmental Assessment Consistent with Public Interest
- Court of Appeal: Minister Can Scope EAA
- Natural Resource Damages Update - British Columbia v. Canadian Forest Products Ltd.
- New Construction and Abatement Mould Guidelines
- Hazardous Waste Disposal - New Requirements to Impact 3,200 Waste Generators
- Innovative Suit Against Large American Power Companies for Carbon Dioxide Emissions
Volume 13, No. 3 - April/Avril 2004
In this Issue:
- Municipal Power to Protect Environment and Health
- Broadened Scope of Corporate Criminal (and Environmental) Liability
- Sydney Tar Ponds - Proposed Common Law Class Proceeding
- Class Claim Filed on Behalf of Sydney Residents Injured by Steel Works Contamination
- Obligations under the Waste Diversion Act, 2002
- Ministry Released White Paper on Water Souce Protection Planning
Volume 13, No. 2 - February/Février 2004
In this Issue:
- The 10th Anniversary of the Environmental Bill of Rights
- Limitations on Sentencing Orders under the Canadian Environmental Protection Act
- Drinking Water Protection
- Environmental Policy under Canada's New Prime Minister: Indicators of an Integrated Approach
- Accounting with a Difference - Integrating Sustainability Indicators
Volume 13, No. 1 - November/Novembre 2003
In this Issue:
- Proposed Amendments to Nuclear Safety and Control Act Regulations
- Message from the Chair
- Accelerated PCB Phase-out Proposed by Environment Canada
- Quebec Environment Minister Cleared of Bias by Supreme Court
- Summary of Ontario Liberals' Election Platform
- Ontario's New Limitations Act, 2002: An Overview
- Cleaner Dry Cleaners
In this Issue:
- Damages from Indoor Air Pollution Covered by General Liability Insurance Policy
- Ontario v. CH2M--Duty to Notify?
- Safe Drinking Water Act 2002 and New Drinking Water Regulation
- CBA/Justice National Sections Meeting
- Implementing the Kyoto Protocol in Canada
Volume 12, No. 1 - November 2002
In this Issue:
- Bill 90, the Waste Diversion Act, 2002
- Striking an Action as Statute Barred Before Delivery of a Defence
- The Due Diligence Defence: A Brief Update
- OMYA Appeals to the Divisional Court, Minister of the Environment
- Co-operative Agreements
- European Court Affirms that the Precautionary Principle Can Only be Applied on the Basis of Sound Science
- What's New
In this Issue:
- Sierra Club of Canada
- Message from the Chair
- Nuclear Fuel Waste Act Passed by House of Commons
- Municipal Zoning Injunction Closes Waste Processing Plant
- CSA Environmental Site Assessment Standardized New Edition
- Environmental Review Tribunal Releases Its Decision on Permit to Take Water Appeal
- Selected Developments in Environmental and Occupational Health and Safety Law
- SWAT Targets Problems Identified by Environmental Commissioner
- IJC Regulatory Initiatives
- Environmental Impacts of Energy Changes in Ontario
- Novel Scientific Evidence of Harm to the Environment and Human Health
In this Issue:
- Ontario Court of Appeal Affirms Entitlement to Pristine Condition in Contaminated Land Case
- Courts Base Contamination Decision on Inadmissible Evidence
- Administrative Monetary Penalties
- AMPs: Charter Challenge?
- Sustainable Water and Waste Water Services Act, 2001
- General Comments on AMPs
- Who Wins with the New Hazardous Waste Information Network?
- Management of Biomedical Waste in Ontario
- Selected Developments in Environmental and Occupational Health and Safety Law
Volume 11, No. 1 - January 2002
In this Issue:
- Ontario Brownfields Bill Passed with Mixed Options
- Message from the Chair
- Another Great "R. v. R." Case - The Ontario Government Successfully Employs "Due Diligence" Defence Against Itself
- Inco Class Action Produces Interesting Early Results
- The Kyoto Protocol: What it Means for Canada
- Have a Bite with the Watchdog: A Review of the October 11, 2001 Workshop
In this Issue:
- Selected Cases in Environmental Law in Ontario
- Message from the Chair
- CLE/FJP Trade Law and Environment Conference — March 30-31, 2001
- The Metalclad Appeal — A Pyrrhic Victory
- Three Myths about NAFTA Chapter 11 Arbitration
- Environmental Law Section Executive 2000-2001