environmental law


  • Province says carbon tax legislation unconstitutional

    Province says carbon tax legislation unconstitutional

    Feb 25, 2019

    The fact that greenhouse gases are caused by a wide range of human activities is why the federal government’s so-called “carbon tax” legislation is over-reaching and unconstitutional, the Ontario government states in legal submissions filed at the Court of Appeal.

  • Lawyers hope for amendments to environmental assessment bill

    Lawyers hope for amendments to environmental assessment bill

    Jan 28, 2019

    The federal government’s bill to reform the environmental assessment process, Bill C-69, has reached the committee stage in the Senate, with a number of senators publicly commenting that they would like to see amendments made to the bill in the face of certain industries objecting to it.

  • What lies beneath

    Nov 5, 2018

    The term “the tip of the iceberg” is used frequently, but the metaphor is an apt one, especially when it comes to this issue of Law Times.

  • Ontario case may weaken polluter pays principle

    Ontario case may weaken polluter pays principle

    Nov 5, 2018

    A recent Ontario court decision testing the province’s Environmental Protection Act could have consequences for the polluter pays principle, lawyers say.

  • Trade agreement has new environmental rules

    Trade agreement has new environmental rules

    Nov 5, 2018

    The conclusion of the renewed NAFTA agreement, renamed the United States-Mexico-Canada Agreement, contains new environmental provisions that have enforceable guidelines around water and air quality that the original agreement did not.

  • Ruling on obligations of bankrupt companies coming

    Ruling on obligations of bankrupt companies coming

    Nov 5, 2018

    In the spring, the Supreme Court of Canada heard arguments in Orphan Well Association, et al. v. Grant Thornton Limited, et al., regarding the obligations that trustees or receivers of bankrupt companies have when it comes to cleaning up contaminated sites they have acquired.

  • Change in provincial government impacts clients

    Change in provincial government impacts clients

    Nov 5, 2018

    With the Ontario government having repealed the province’s Green Energy Act, cancelling the provincial cap-and-trade regime and legislating that proponents cannot sue for certain cancelled projects, lawyers say they need to help their clients manage the political risk of doing business in the current political climate in Ontario.

  • Wind farm killed by new government following legal battle

    Wind farm killed by new government following legal battle

    Aug 13, 2018

    A few days after the new Conservative government introduced legislation last month to kill a major wind turbine project in Prince Edward County, a lawyer for the Ministry of the Environment and Climate Change was in court to defend the initial approval process.

  • Environmental lawyers look for certainty in assessment bill

    Environmental lawyers look for certainty in assessment bill

    May 22, 2018

    The federal government’s Bill C-69, the Impact Assessment Act, proposes to reform the federal environmental assessment regime and place more emphasis on early engagement with affected communities as a way of avoiding problems as the assessment process unfolds.

  • Core constitutional arguments at centre of B.C. case

    Core constitutional arguments at centre of B.C. case

    May 7, 2018

    Constitutional law precedents that date back several years or even decades will be at the centre of a reference by the British Columbia government to its Court of Appeal on the validity of proposed amendments to the Environmental Management Act.

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