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Climate Lawsuits and Ambitious Automotive Fleet Goals
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 the end of 2022). This pace seems to have quickened in recent years. ...
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, Conference of Parties (COP) 28 in Dubai, UAE concluded. Worth noting,...
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 Plastic Use Coalition v. Canada (Environment and Climate Change). ...
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 construction of the natural gas pipeline and for providing false information in...
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. Greenwashing According to the United Nations, “Greenwashing presents...
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 Assessment Act? In a blog by Torys, they provide an overview of the IAA...
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 that if the measures are adopted, they will save businesses up to 100,000...
read morePFAS in Canada: Biosolids, Collection of Data, and Litigation Risks
The global concern over the human health and environmental impact of the class of chemicals known as per- and polyfluoroalkyl substances (PFAS) is leading to more regulations and litigation. Below, we provide an update on PFAS, which has the potential to affect a wide range of companies. Interim PFAS Standards for Biosolids in Canada First, an update with respect to PFAS in biosolids. Earlier this year, the Canadian Food Inspection Agency (CFIA) announced plans to implement an interim standard for PFAS in biosolids used as fertilizers, set...
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 lands across Alberta. In order to purchase equipment to be used in its...
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 (ECCC) is continuing its efforts to regulate and reduce plastics in...
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