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Climate Change Litigation - Dutch Supreme Court Delivers Historic Climate Change Decision in the Urgenda Case By David Stevens and David Mba Feb 27, 2020 The Supreme Court of Netherlands recently delivered a landmark decision in the Urgenda climate change case against the Dutch government, confirming lower court decisions holding that the government has obligations to urgently and significantly redu...

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Climate Change Litigation: Actions Against Corporations By Christian Nianiaris Aug 27, 2019 Both public and private actors have brought litigation against corporations involved in the fossil fuel industry seeking redress for costs arising from climate change impacts.

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Climate Change Litigation: Urgenda Update By Christian Nianiaris Jul 05, 2019 In Urgenda Foundation v. The State of the Netherlands (2015), the State of Netherlands was found by the court to have an affirmative duty toward its citizens to take action against climate change. Since the initial decision, plaintiffs in other jurisdictions have used it as a framework to bring c...

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Update on Climate Change Litigation By Christian Nianiaris Jun 07, 2019 The decision in Urgenda Foundation v. The State of the Netherlands (2015) set the framework for climate change litigation across the globe. Since our last post about climate change litigation directly following the Urgenda decision, substantial developments have occurred and there have been a lar...

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Ontario Announces “Made-in-Ontario” Emissions Standards Feb 22, 2019 The Ontario government announced new emission reduction standards as part of its plan to address climate change without imposing a carbon tax. The province developed the Emissions Performance Standards as an alternative to the federal Output-Based Pricing System.

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All’s “Well” That Ends “Well” The Supreme Court of Canada’s Decision in Orphan Well Association v. Grant Thornton Ltd. By David Stevens, Jeremy Nemers and Brandon Carter Feb 07, 2019 On January 31, 2019, the Supreme Court of Canada rendered its decision in Orphan Well Association v. Grant Thornton Ltd. The majority of the SCC held that end-of-life environmental remediation costs mandated by specific Alberta legislation against a bankrupt oil and gas company must be satisfied ...

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Ontario Government Files Arguments in Federal Carbon Pricing Challenge Dec 07, 2018 The Ontario government recently filed a factum setting out its argument against the federal government’s carbon pricing legislation as unconstitutional. The factum expands on the arguments outlined in the statement of particulars previously filed by the Attorney General of Ontario.

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Federal Government Issues Discussion Paper About Modernizing Energy Project Review Processes By David Stevens Jul 07, 2017 On June 29, 2017, the Federal Government released a Discussion Paper on Environmental and Regulatory Reviews. As set out in its “Purpose” statement, the Discussion Paper “outlines the changes that the Government is considering for Canada’s environmental assessment ...

Posted in: Environmental Issues

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Does Midwest Properties Ltd. v. Thordarson Mean an Expansion in Environmental Liability? By Scott Stoll Jul 13, 2016 The Supreme Court of Canada recently denied leave to appeal the decision of the Ontario Court of Appeal in Midwest Properties Ltd. v. Thordarson.[1] Accordingly, the Court of Appeal's decision to award compensation under section 99 of the Ontario Environmental Protecti...

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New Alternative Low-Carbon Fuel Approval Process for Energy-Intensive Manufacturing Sector Looking to Reduce GHGs Jun 02, 2015 Energy-intensive manufacturing companies involved in the cement, lime, iron and steel sectors looking to reduce GHG emissions may now take advantage of a new approval process introduced by the Ministry of Environment and Climate Change (MOECC)....

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Feds Issue Proposed Pollution Prevention Plan Notice for Hydrazine Use in Electricity Generating Facilities May 22, 2015 On April 18, 2015, the federal Department of the Environment published a proposed notice under the Canadian Environmental Protection Act, 1999, requiring persons within the electricity sector to prepare and implement pollution prevention plans in res...

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