For practically all companies, there is increased pressure to promote their sustainability and overall “green” efforts. This includes Environmental Social and Governance or ESG, sustainability efforts, and in general, activity associated with reducing anthropogenic emissions of greenhouse gases. Increasingly, company statements regarding their commitment to a green agenda can open them up to liability as witnessed by the lawsuits focused on “greenwashing” and deception....
Read MoreSupreme Court of Canada Decision on the Impact Assessment Act
The recent opinion by the Supreme Court of Canada (SCC) regarding the Federal Impact Assessment Act (IAA) previously known as the Bill C-69 (called by critics the “no pipeline legislation”) has attracted many comments and news coverage. The opinion essentially held that the IAA went too far and portions of the IAA were unconstitutional. Note: for background, see our May 24, 2022, blog, Impact Assessment Act Headed for the Supreme Court of Canada? What is the Impact...
Read MoreProposed Amendments to Ontario Excess Soil Regulations
On October 17, 2023, the Ministry of Environment, Conservation, and Parks (MECP) proposed amendments to the Excess Soil Regulations, Ontario Regulation 406/19. These proposed changes to the excess soil regulations are part of the “Less Red Tape, More Common Sense Act 2023,” which includes 32 new measures. These measures “will improve services for people and reduce costs for businesses, while making it easier to work with government.” The Ontario Government estimates...
Read MoreRecent Environmental Decisions Cite Redwater – “Dangerous Precedent”
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...
Read MoreEnvironmental Regulations Focus on Grocers
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 MoreA Challenging and Consequential Environmental Regulatory Environment
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...
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