Recent Environmental Decisions Cite Redwater – “Dangerous Precedent”

Posted by on Sep 28, 2023 in Blog | 0 comments

Several years ago, the “Redwater” case held that in the case of insolvency, environmental cleanup obligations trump repayment to secured creditors.  While Redwater applied to the oil and gas sector, as has been demonstrated in recent legal cases, it is not limited to oil and gas companies. Below, we outline two recent legal cases that cite the Redwater Decision. Travelers Capital Loan Mantle Materials Group, Ltd. (Mantle) operated 24 gravel pits on public and private lands...

Read More

Environmental Regulations Focus on Grocers

Posted by on Sep 11, 2023 in Blog | 0 comments

While opinions will vary about what level of environmental regulation is appropriate, there is little dispute that regulations are mounting.  Further, those who are regulated continue to grow well beyond what was long thought to be reserved for the typical “smoke-stack” industry. This growth of regulations and restrictions is personified in the recent efforts to eliminate plastics in various products.  As we have previously covered, Environment and Climate Change Canada...

Read More

A Challenging and Consequential Environmental Regulatory Environment

Posted by on Aug 23, 2023 in Blog | 0 comments

Environmental regulatory and non-regulatory pressures continue to grow.  This includes amendments to the Canadian Environmental Protection Act, the pending regulations governing per- and polyfluoroalkyl substances, and developing reporting requirements under Environmental Social and Governance. This is in addition to the existing federal and provincial environmental regulations, which as we witnessed with the Ontario Excess Soil regulations can quickly change. We are also...

Read More

Environmental Regulations Continue to Grow

Posted by on Aug 11, 2023 in Blog | 0 comments

In our February 8, 2023 blog, we discussed the growing environmental regulatory and enforcement activity in Canada.  Based on recent activity, this regulatory pressure is continuing to mount for businesses. Increased Regulation for Chemical Industry In a July 27, 2023 article in Coatings World, J. Gary LeRoux, President and CEO of Canadian Paint and Coatings Association outlined the increased regulation of the Chemical, Adhesive, Sealants, and Elastomer (CASE) industry. In...

Read More

Recent Environmental Enforcement News

Posted by on Jul 25, 2023 in Blog | 0 comments

Environmental enforcement actions can often be costly for companies especially as six-figure fines are becoming more commonplace.  Increasingly, enforcement has the potential to affect a wide-range of industries as is evident in some of the environmental enforcement cases outlined below. Cat Litter Company Fines and Penalties Approach Six Figures According to the Ontario Ministry of Environment, Conservation and Parks (MECP), Normerica, Inc. (manufacturer of cat litter) in...

Read More