Environmental Enforcement: The Pace, Cost, and Recent Action

Environmental Enforcement: The Pace, Cost, and Recent Action

Posted by on Feb 8, 2024 in Blog | 0 comments

  Environmental enforcement and fines are seemingly becoming more common and consequential.  For example, last March, we reported about a $16 million fine (a provincial fine).  In April, we reported about two separate $1 million fines (federal fines). Pace and Trends in Environmental Enforcement While it does seem that there is more enforcement, a report by the insurance company, Berkley Canada states, “Despite the total value of large fines and penalties increasing in...

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Regulation of PFAS in Canada and Complications of Banning PFAS

Regulation of PFAS in Canada and Complications of Banning PFAS

Posted by on Jan 22, 2024 in Blog | 0 comments

  In May 2023, the Draft State of Per- and Polyfluoroalkyl Substance (PFAS) Report was issued by the federal government.  We are eight months or so from this Draft report being issued.  Where are we now, what actions might be forthcoming, and what are the potential unintended consequences of restricting or banning PFAS? In October 2023, we reported that the federal government planned to issue a mandatory information-gathering notice for PFAS sometime in the fall of 2023....

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Climate Lawsuits and Ambitious Automotive Fleet Goals

Posted by on Jan 16, 2024 in Blog | 0 comments

  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...

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Proposed Amendments to Methane Emissions Regulations

Posted by on Dec 27, 2023 in Blog | 0 comments

  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,...

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Plastics Ban Ruled as “Unreasonable and Unconstitutional”

Posted by on Dec 13, 2023 in Blog | 0 comments

  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...

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