Ch.34 Environmental Law Flashcards
The Common Law
Initially, injury to the environment considered by courts on a personal level
Interference with the property or rights of another actionable at law
Tort of nuisance
Common Law relief limited to individuals who were harmed
Harm to the public at large was a matter for the government to address and not the courts
Environmental Legislation
Legislative approach overcomes difficulties:
Identification of source
Control and abatement (or prohibition)
Protection for environment
Laws fall within federal, provincial, and territorial jurisdiction, as well as municipal regulation
Shared responsibility
Wide-ranging environmental regulation
Stakeholder approach
- consideration of needs of the broadest community of persons interested in an issue
“Precautionary principle”
- where serious damage may occur, lack of full scientific certainty shall not be used to postpone cost-effective measures to prevent environmental degradation
Sustainable development
outcomes should meet needs of present generation without compromising future generations to meet their own needs
Canadian Environmental Protection Act (1999)
Guiding principles
- Prevention
- Precaution
- Sustainable development
“Polluter pays”
Provides for wide range of regulations, capping or mandating, risk assessment, emissions, waste, etc.
“Polluter pays”
obligation of polluter to pay for environmental damage that results from violation of environmental legislation
Environmental assessments
- procedure undertaken to determine the effect on the physical environment of a particular undertaking or activity
Usually only for undertakings that could cause serious damage or change to the environment
Requirement of approval before undertaking
Canada Environmental Assessment Act
- Regulates the requirement and conduct of assessments, intended to predict impact on the environment of a particular initiative before it is executed
Storing and Handling of Hazardous Products
Legislation aims at care in storage and handling
Requires notification to appropriate government body in event of spills or releases causing contamination
“Polluter pays” principle - pay cost of cleanup directly or compensate government authority
Method of storage or handling not usually specified
- But high standard of care imposed on user
Some provinces hold directors and officers personally responsible for pollution
Unless they can show due diligence in efforts to prevent pollution
- Environmental Protection Act (Ontario)
- Canadian Environmental Protection Act
- Transportation of Dangerous Goods Act
- Hazardous Products Act
Requires more than directives - must follow up, proper training of employees, proper inspection and monitoring systems
Responsibility for Existing Contamination
Traditionally responsibility of party that caused damage
- Government can order current owner to clean up
Environmental audits
- site-specific inspection and analysis to determine the presence of existing environmental hazards or contamination
Recommended by lawyers to clients interested in land purchase before transaction finalized
Usually inserted as a condition precedent into commercial property sales agreements
Lenders also at risk if they take possession
By 2019 - Canada signatory to more than 100 international environmental agreements
50 multilateral
20+ between Canada and U.S.
Impact businesses - reduction of greenhouse gases, handling of hazardous chemicals, translate-border air pollution, emission of wastewater, etc.
Parliament enacts laws that reflect these commitments
Three major agreements:
Kyoto Protocol
Copenhagen Accord
Paris Agreement
