Articles 2020

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Supreme Court of Canada Decides the Federal Greenhouse Gas Pollution Pricing Act is Constitutional

  • April 05, 2021
  • Jennifer King, Liane Langstaff, Michael Finley, Chris Hummel and Graham Reeder

On March 25, 2021, the Supreme Court of Canada released its highly anticipated decision in the Greenhouse Gas Pollution Pricing Act references, with the majority confirming that the federal carbon pricing backstop is constitutional. This article unpacks the Court's decision, and reflects on its impacts.

Environmental Law, Student Forum

Fueling the Future: Canada’s Plan to Reduce Greenhouse Gas Emissions under the Clean Fuel Regulations

  • April 05, 2021
  • Holly Sherlock, Talia Gordner, Julia Loney and Ralph Cuervo-Lorens

On March 3, 2021, the public consultation period for the federal government’s proposed Clean Fuel Regulations ended. The Regulations are intended to contribute to Canada’s reduction of greenhouse gas emissions. This article provides an overview of the proposed Regulations and a survey of their potential impact.

Environmental Law, Natural Resources and Energy Law, Student Forum

Federal Government Releases Offset Projects Regulations

  • March 23, 2021
  • Joanna Rosengarten

This article discusses the federal government's recent publication of the Greenhouse Gas Offset Credit System Regulations. These proposed regulations aim to govern offset projects in order to allow industrial emitters subject to the federal Greenhouse Gas Pollution Pricing Act to meet their compliance obligations by investing in projects that reduce or remove greenhouse gas emissions.

Environmental Law, Student Forum
Using Law and Advocacy to win Accommodations for Clients with Electromagnetic  Hypersensitivity (EHS): Part 2

Using Law and Advocacy to win Accommodations for Clients with Electromagnetic Hypersensitivity (EHS): Part 2

  • March 18, 2021
  • David McRobert

Part 2 of the 2-part series on electromagnetic hypersensitivity (EHS) examines the significant challenges facing lawyers and experts associated with addressing alleged injury caused by EHS and other toxic substances through tort lawsuits. The article makes an argument for short-term practical accommodation options and the long-term development of EMF metapolicies and related laws and policies preventing EHS.

Environmental Law, Student Forum
Using Law and Advocacy to Win Accommodations for Clients with Electromagnetic  Hypersensitivity (EHS): Part 1

Using Law and Advocacy to Win Accommodations for Clients with Electromagnetic Hypersensitivity (EHS): Part 1

  • February 06, 2021
  • David McRobert

There are currently few legal protections available in Canada for those living with electromagnetic hypersensitivity (EHS). This paper discusses the relationship between law, scientific advances, and the role of metapolicy in developing preventative policies on EHS that protect vulnerable persons and overall populations. The paper deals with, amongst other things, the role played by medical professionals in providing accommodation for EHS.

Environmental Law, Student Forum

Government of Canada Releases New Federal Climate Plan

  • December 17, 2020
  • Michael Fortier and Henry Ren, Torys LLP

The Government of Canada recently released its new climate plan, “A Healthy Environment and a Healthy Economy – Canada’s strengthened climate plan to create jobs and support people, communities and the planet” (Plan). Building on the 2016 Pan-Canadian Framework, the Plan proposes to exceed Canada’s 2030 emissions reduction target under the Paris Agreement, achieve net-zero emissions by 2050, and create over one million jobs, restoring employment to pre-pandemic levels.

Environmental Law, Student Forum

Cannabis and Waste: Another “Green” Opportunity

  • December 15, 2020
  • Holly Sherlock, Talia Gordner and Ralph Cuervo-Lorens

While the rapid growth of the cannabis industry in Canada has created new and exciting opportunities, this breakneck pace raises questions regarding the management of cannabis-related waste. Despite the general emphasis of regulators on the importance of proper waste management, there is little guidance from either the federal or the provincial governments on this issue specific to the cannabis industry.

Environmental Law, Student Forum

Government of Canada Announces Proposed Regulations for Single-Use Plastics

  • October 21, 2020
  • Richard J. King, Jennifer Fairfax, Patrick G. Welsh, and Isabelle Crew

The Federal Government has recently announced proposed regulations for single-use plastics. From a plastics ban, to recycled content requirements, to extended producer responsibility schemes, this article provides a high-level overview of the proposed measures being contemplated by the Federal Government, and outlines next steps for stakeholders that may be impacted by them.

Environmental Law, Student Forum

Whither the Canadian Federal Government’s Proposed Plastics Regulatory Plan? Will the public and the provinces support federal government efforts to ban and regulate single-use and other plastics in the wake of COVID-19?

  • October 21, 2020
  • David McRobert

On Oct. 7, 2020, federal Environment and Climate Change Minister Jonathan Wilkinson announced the federal government would draft regulations to add “plastic manufactured items” to the Schedule 1 list of toxic substances under the Canada Environmental Protection Act (CEPA) by December 2021. This article looks at various aspects of the proposed federal plastics regulatory plan, including potential complications arising from the public and provinces.

Environmental Law, Student Forum
How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

How the COVID-19 Pandemic has Reshaped Global Patterns of Plastic Use and the Timing of Regulatory Phase-outs and Possible Progressive Legal, Regulatory and Consumer Responses

  • October 21, 2020
  • David McRobert, Dana Jordan and Meghan Ostrum

The COVID-19 pandemic has highlighted how a health and related economic crises can block or significantly delay carefully crafted legal and regulatory responses to environmental problems. In the wake of concern about rapid transmission of COVID-19, public health officials, the health care sector, and the plastics industry (and the food and beverages sector) are exerting considerable pressure to relax efforts to regulate plastics and phase-out single use plastics (SUPs).

Environmental Law, Student Forum