Ontario
Fine of $800,000 issued for vapour discharge
On November 4, 2009, BP Canada Energy Company pleaded guilty to one count of causing an odorous discharge that caused or was likely to cause an adverse effect. BP was fined $800,000 plus a victim surcharge. During a valve test conducted in March 2009, a large vapour plume was released from the natural gas liquid fractionation plant in Sarnia, Ontario, and the plume reportedly lasted for about 10 minutes. According to the government, the vapour caused temporary physical effects in nearby residents (including headaches, sore throats and nausea) and disrupted local schools and businesses.
For further information on the decision, please see Court Bulletin.
Regulations under the Safe Drinking Water Act, 2002
On November 3, 2009, the Ministry of the Environment published amendments to three regulations under the Safe Drinking Water Act, 2002. The regulations were originally put in place as part of the provincial government's Lead Action Plan to protect individuals from consuming lead in drinking water. The amendments include exemptions for certain communities to reduce the frequency of testing when sampling consistently meets certain levels. In addition, certain schools, private schools and day nurseries that are currently required to flush plumbing daily to reduce exposure to lead from older pipes will be able to reduce the frequency of flushing from daily to weekly. Similarly, certain schools and day nurseries with newer plumbing (post-1989) or consistently low test results may reduce the frequency of testing to once every three years. The amendments will come into force on December 14, 2009.
For further information about these amendments, please see the Environmental Registry.
Canada
Court rejects appeal of climate change lawsuit
On October 28, 2009, the Federal Court of Appeal rejected the appeal of Friends of the Earth, an environmental non-profit organization, which alleged that the federal government had not fulfilled its obligations under the Kyoto Protocol Implementation Act. The KPIA requires, among other things, that the federal Minister of the Environment prepare an annual Climate Change Plan that ensures that Canada meets its obligations under the Kyoto Protocol. The Federal Court Trial Division had found that the KPIA creates a system of public and parliamentary accountability, which is not open to substantive judicial review. According to the Trial Division, the case raised "inherently political" issues that should be resolved in a political forum rather than in the courts. In its recent decision, the Court of Appeal adopted the reasons of the Federal Court Trial Division.
For background on the case, please see Torys' November 2008 Bulletin. For further information on the appeal, please see the Court of Appeal decision.
United States
Final greenhouse gas emissions reporting rule
On October 30, 2009, the U.S. Environmental Protection Agency (EPA) published its Final Rule on the Mandatory Reporting of Greenhouse Gases. The rule requires certain facilities to begin collecting data on their greenhouse gas emissions on January 1, 2010, and to report on their 2010 emissions by March 31, 2011. The final rule would not require reporting of electricity purchases or indirect emissions from electricity consumption. As reported in our August 2009 Bulletin, Environment Canada already has similar reporting requirements in place, requiring any person who operates a facility that emits 50,000 tonnes or more of CO2 equivalent in the 2009 calendar year to submit information about those emissions to the federal government by June 1, 2010.
For further information, please see the EPA's Reporting Rule.
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