Environmental

Recent Posts

Cheese Whey Spill: $80,000 Fine
Posted on 2 Jul 2015 by Dianne Saxe

By Meredith James Even seemingly innocuous substances, like human food and drink, can be hazardous to the natural environment. And spills of food and drink must be reported. Silani Sweet Cheese Limited manufactures a cheese at a facility in Bradford... Read More

Purchaser Of Contaminated Site Loses Case Against Own Lawyer
Posted on 16 Jul 2015 by Dianne Saxe

I continue to be surprised by how many people knowingly purchase a contaminated site, and regret it afterwards. Buy in haste, repent at leisure? Sometimes the purchaser of a contaminated site is merely unlucky, or suffers from a change of rules or... Read More

Retrial: Lower Fines for Environmental Consultant
Posted on 22 Apr 2015 by Dianne Saxe

By Meredith James In 2011, we wrote about the record $161,000 in fines imposed upon an environmental consultant and his company. In addition, $40,500 in fines were imposed on their clients, Mr. James Sinclair and his company Sinclair Landing , owner... Read More

Contractor Sentenced To Prison For Contaminating Beach With Asbestos From Condo Renovation
Posted on 18 Jun 2014 by LexisNexis Legal Newsroom Staff

As a result of beach contamination that occurred from illegally pressure washing siding on a high rise condo in Myrtle Beach, South Carolina, David Braswell has been sentenced in federal court in Florence, South Carolina, for violation of the Clean Air... Read More

New Report Concludes Water Will Impact Business Growth
Posted on 15 Jul 2014 by E. Lynn Grayson

A new report "Bridging Concern with Action: Are U.S. Companies Prepared for Looming Water Challenges?" by VOX Global and Pacific Institute concludes 60% of companies surveyed believe water is poised to affect business growth and profitability... Read More

2015 RELX Group Environmental Challenge Winners Announced
Posted on 28 Aug 2015 by LexisNexis Legal Newsroom Staff

According to the World Health Organisation, at least 1.8 billion people globally use a drinking-water source contaminated with faeces, and by 2025, half of the world's population will be living in water-stressed areas. 2.4 billion people still do... Read More

PA Court Declines to Aggregate Separate Compressor Stations
Posted on 20 May 2015 by Steptoe & Johnson PLLC

A Pennsylvania Court recently considered whether a genuine issue of material fact exists as to whether the air contamination sources are “adjacent”, thereby rendering a natural gas operators compressor facilities ineligible for GP-5 (minor... Read More

Fracking, Methane and Drinking Water
Posted on 24 Jun 2011 by Dianne Saxe

By Dianne Saxe, Ontario Environmental Lawyer The Ernst v. Encana fracking lawsuit gained strength last month with the publication of Rob Jackson's peer-reviewed paper: Methane contamination of drinking water accompanying gas-well drilling and... Read More

More Thinking About Smith v Inco – A Videocast Analysis by Dianne Saxe
Posted on 10 Dec 2011 by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868... Read More

Cascades/Superior Paper Mill Cleanup: Final Settlement?
Posted on 20 Nov 2013 by Dianne Saxe

Going after individuals for cleanups of historic contamination continues to pay off for the Ontario Ministry of the Environment . The MOE Director issued a section 18 Order to five companies and three individuals to cleanup outstanding environmental... Read More

Under California's Polanco Act, owners of a right-of-way to property are not owners or operators for subsurface contamination they did not cause and had no duty to investigate
Posted on 17 Jul 2011 by Thomas H. Clarke, Jr.

California's Polanco Act provides a powerful (some would say one sided) tool for Redevelopment Agencies to force the remediation of a site subject to redevelopment, or to cause PRP's to reimburse such agencies for the remedial cost outlays. [As... Read More

Supreme Court: CERCLA Does Not Preempt State’s Statute Of Repose
Posted on 9 Jun 2014 by Shane Dilworth

WASHINGTON, D.C. — (Mealey's) A U.S. Supreme Court majority today reversed a Fourth Circuit U.S. Court of Appeals panel’s ruling reinstating a lawsuit brought under the Comprehensive Environmental Response, Compensation, and Liability... Read More

A Videocast on the Application of Rylands v. Fletcher In Nuisance Actions
Posted on 10 Dec 2011 by Dianne Saxe

Noted Canadian environmental lawyer Dianne Saxe has prepared an excellent video analysis of a recent Canadian appellate decision, Smith v. Inco , that looks at the application of the famous strict liability case from England , Rylands v. Fletcher, [1868... Read More

The manufacturer of PCE dry cleaning machine filtering system is not a CERCLA arranger
Posted on 4 Aug 2011 by Thomas H. Clarke, Jr.

Since 1980, Team Enterprises, LLC leased space in a shopping center in Modesto, California, where it operated a dry cleaning store. From 1980 to 2004, Team used PCE in its dry cleaning equipment, and the machines generated wastewater containing PCE. Team... Read More

Millions For Offsite Gasoline Contamination
Posted on 4 Sep 2014 by Dianne Saxe

The Ontario Superior Court has awarded millions to a neighbouring property owner for historic offsite gasoline contamination. The decision in Canadian Tire Real Estate Ltd. v. Huron Concrete Supply Ltd . illustrates, and will perpetuate, the continuing... Read More