Environmental Law Lecture - Chapter 13 Flashcards
What is environmental law?
A rapidly growing area of the law.
What is the growth of environmental law largely fueled by?
Increased awareness on the part of the public and continued population growth, which puts more strain on the environment.
Because of the rapid development of environmental issues, what has often moved too slowly?
Legislation
Because of this, we will also need to discuss what?
How remedy can be sought via a civil action under tort law
Neither the federal or the provincial government has what?
Complete jurisdiction over the environment
Both levels of government have what?
Passed general and specific pieces of legislation
What does federal legislation include?
The Canadian Environmental Protection Act and the Fisheries Act
What does the Ontario government assume?
Primary jurisdiction over environmental protection through a regulatory framework
What are the three main statutes?
the Canadian Environmental Act, 1999, the Fisheries Act, and the Species at Risk Act
What is CEPA, 1999?
First introduced in 1988, it is the main federal environmental statute
According to the CEPA legislation, the government is committed to what?
Sustainable development and pollution prevention
What does the CEPA embrace?
Two progressive environmental principles
What are these two principles?
The precautionary principle and the polluter-pays principle
What does the Precautionary Principle state?
That full scientific proof of harm does not have to be established before environmental action is taken
What does the Polluter-Pays Principle require?
That users and producers of toxic substances and pollutants be held responsible for the costs
The CEPA has been what?
Criticized
By January 2004, what had the CEPA listed?
56 substances as toxic.
What have some criticized CEPA for?
Taking too long to screen and designate toxic substances
What has the CEPA failed to deal with?
Pollution that cannot be traced to a single source or non-point sources of pollution (e.g. run-off from a field)
What does the CEPA also allow?
Companies to pollute if it is within the limits of an existing permit
What does the CEPA also allow (#2)?
More productive plants to pollute more.
Although fisheries could fall under existing protection of species legislation it has been given what?
Special status in Canada
Federal fisheries officers are given authority to what?
Make inspections and to ensure compliance under the act.
S. 36 of the act makes it illegal to
Throw overboard or to allow the deposit of harmful substances into water inhabited by fish
There is no requirement for what?
Proof that the material harmed fish
What does the act allow for?
The deposit of certain substances by specific industries as long as they meet regulated levels (e.g. pulp and paper mills)
In 2002, what did the federal government pass?
The Species at Risk Act which protects 233 endangered species
What are the three purposes of the Species at Risk Act #1?
To prevent the extinction of at-risk species
What are the three purposes of the Species at Risk Act #2?
To provide recovery for species at-risk
What are the three purposes of the Species at Risk Act #3?
To encourage the management of species in order to keep them from becoming at risk.
Prior to coming into place, the Species at Risk Act was?
Criticized, as it only applied to species on federal land.
Where did the Species at Risk Act applying as it did leave the provinces?
To deal with species on provincial land.
What else was the Species at Risk Act criticized for?
Protection for residence, not critical habitat (the place the animal collects food, breeds, cares for young)
What are four of the major Ontario statutes?
- The Environmental Protection Act
- The Environmental Bill of Rights, 1993
- The Environmental Assessment Act
- The Safe Drinking Water Act, 2002
The EPA is what?
The main piece of legislation
What does the EPA serve?
To protect and conserve the environment by prohibiting the discharge of contaminants, regulating waste management, controlling vehicle emissions, and regulating ozone-depleting substances
What does the Environmental Assessment Act require?
That proposed activities be studied before they are initiated in order to determine the possible consequences and that alternatives that could be persued also be discussed
What does the Environmental Bill of Rights recognize?
That the people of Ontario have a right to participate in the government’s environmental decision making
Where did the Safe Drinking Water Act grow out of?
The Walkerton Tragedy
What has the Safe Drinking Water Act set out?
The law for a required standard of care for the owner and those that oversee municipal drinking-water systems
The Safe Drinking Water Act: Under section 19, what must these individuals do?
“Exercise the level of care, diligence and skill in respect of a municipal drinking-water system that a reasonably prudent person would be expected to exercise in a similar situation”
Courts are frequently involved in what?
Environmental issues when a civil action is launched.
In such cases, what can the plaintiff seek?
A variety of remedies including damages or an injunction.
What civil suits dealing with the environment have been based on claims of?
- Nuisance
- Trespass
- Negligence
- Strict Liability
What is one remedy in tort law?
Seeking damages or compensation.
Where does the difficulty arise with this remedy?
In trying to establish that a right has been violated and that a plaintiff is entitled to a remedy
What is it also difficult to do with this remedy?
Determine the proper monetary compensation for environmental issues
What is another common remedy in environmental issues?
An injunction, which requires a party to either do or not do something
What are some cons of this remedy?
Litigation is also very expensive and often it is necessary to determine who has standing, especially in class action suits.
