In our November 9, 2023, blog we discussed the increased focus on Environmental, Social, and Governance (ESG), Greenwashing, and Climate litigation. While they are interrelated, the focus on climate is leading to more litigation that can affect companies, boardrooms, investors, and governments. Rising Climate Lawsuits As we reported in the above-referenced blog, The United Nations reported that there have been 2,180 climate-related cases filed in 65 jurisdictions (as of...
Read MoreProposed Amendments to Methane Emissions Regulations
As we have previously covered, there has been a focus on regulating and reducing methane emissions from various sources – landfills, farms, and oil and gas. And on December 16, 2023, the Canada Gazette published “Regulations Amending the Regulations Respecting Reduction in the Release of Methane and Certain Volatile Organic Compounds (Upstream Oil and Gas Sector).” The most recent methane regulations are being proposed as the United Nations Climate Change Conference,...
Read MorePlastics Ban Ruled as “Unreasonable and Unconstitutional”
In August 2022, we began to report that the Federal Ban on certain plastics was facing legal challenges. Ultimately, this case wound up in Federal Court. Plaintiffs (Responsible Plastic Use Coalition, Dow Chemical of Canada, Imperial Oil, and Nova Chemicals) argued that the Order designating plastics as toxic under the Canadian Environmental Protection Act (CEPA) was unconstitutional. On November 16, 2023, the Federal Court of Canada released its decision in Responsible...
Read MoreEnvironmental Fines and Penalties
An impactful (to human health and the environment) release of potential pollutants can be problematic to both the community affected and the company that has to face the subsequent environmental fines and penalties. These laws/regulations often establish fines and penalties when violations occur. Below, we outline some recent enforcement actions. $346,000 Environmental Fine Coastal GasLink (CGL) was fined $346,000 for erosion and sediment control issues in the...
Read MoreHow Environmental Social and Governance is Affecting Companies
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...
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