The Environmental Review Tribunal is hearing final arguments
this week in Erickson v. Director, Ministry of the
Environment. This is the first ERT appeal on renewable energy
approvals under the Green Energy and Green Economy Act,
and the first renewable energy approval for a major wind farm (Kent
Breeze). The alleged adverse health effects of wind turbines are
the principal ground of appeal.
The ERT was originally scheduled to issue its decision on the
appeal this month, but (to accommodate personal issues affecting
legal counsel), the decision deadline has been rescheduled to July
Meanwhile, TEPCO has admitted that there have been at least 3
nuclear meltdowns at the Fukushima nuclear plant. According to my
favourite nuclear physicist, more nuclear fuel melted in the first
days after the earthquake than in all other human nuclear plants
ever built (including Chernobyl, Three Mile Island, etc.). TEPCO
thinks that none of the melted fuel has yet burnt through the floor
of the cracked containment vessel, but it will remain very hot, and
very dangerous, for a very long time. Huge amounts of radioactive
water have also been dumped into the sea. More at the Union of
Concerned Scientists' http://allthingsnuclear.org/tagged/Japan_nuclear
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It is relatively common knowledge that the government has a "duty to consult" aboriginal groups when undertaking actions or making decisions that could adversely affect aboriginal rights, aboriginal title and treaty rights.
On April 5, 2017, Environment and Climate Change Canada released the report of an external Expert Panel that was established in August 2016 to review the scope and process of federal environmental assessments under the Canadian Environmental Assessment Act, 2012.
40 to 60 years may be too old when determining whether to extend a limitation period for a negligence-based environmental contamination claim, the court recently ruled in Brookfield Residential (Alberta) LP (Carma Developers LP) v Imperial Oil Limited, 2017 ABQB 218 [Brookfield].
Our April 7 post on the report of the Expert Panel reviewing federal environmental assessment processes noted that the report contains recommendations for greater inclusion of Indigenous peoples in federal environmental assessment processes.
Over the past week, the Project Law Blog has been discussing the recommendations set out by the Expert Panel in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
On April 5, 2017 the Federal Minister of Environment and Climate Change received her report from an expert panel of four, comprised of three lawyers with significant environmental and aboriginal law experience as well as a retired senior executive of a resource company.
On April 5, 2017, an Expert Panel established by the Minister of Environment and Climate Change (the "Panel") released its report, Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes (the "Report").
Last week we summarized the recommendations set out by the Expert Panel established by the Minister of Environment and Climate Change in its report entitled Building Common Ground – A New Vision for Impact Assessment in Canada, The Final Report of the Expert Panel for the Review of Environmental Assessment Processes.
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