SCC upholds validity of federal government’s carbon pricing system
On March 25, 2021, the Supreme Court of Canada (“SCC”) released its decision in the Reference re Greenhouse Gas Pollution Pricing Act, upholding the constitutionality of the Greenhouse Gas Pollution Pricing Act (“GGPPA”). In a 6-3 split decision, the majority...
An Act respecting the acceleration of certain infrastructure projects (Quebec Bill 66)
I. Introduction The Government of Quebec presented, during the parliamentary session of September 23, 2020, new Bill 66 – An Act respecting the acceleration of certain infrastructure projects (“Bill 66”) which provides for various acceleration measures applicable to certain planned...
New triggers requiring site disclosure statements: BC rolls out a new contaminated sites regime
Last month, amendments to British Columbia’s Environmental Management Act (“EMA”) and Contaminated Sites Regulation (“CSR”) came into force, altering how contaminated sites are identified in BC. When a site is classified as contaminated, it alerts the Ministry of Environment and Climate...
Appeal launched against Federal Court’s dismissal of youth climate change lawsuit
The Federal Court’s recent dismissal of a climate change lawsuit brought by a group of 15 Canadian youths has been appealed to the Federal Court of Appeal. In La Rose v Canada,[1]the Plaintiffs claimed against Her Majesty the Queen in...
Episode 6: The role of an environmental expert in legal matters
Listen to Ep. 6 of Morning Commute with Miller Thomson. In this episode, we discuss the use of experts in an environmental law practice.
Episode 3: Mediating in the times of COVID-19 and beyond – Perspectives of the Miller Thomson Environmental Law Group
Listen to Episode 3 of Morning Commute with Miller Thomson. In this episode, we share tips and insights on how to be an effective advocate in online mediation.
COVID-19 – Impact on environmental compliance and due diligence
As these strange times continue to evolve, it is important to ensure that all companies whose operations raise environmental compliance issues try to think through and plan for what might happen in the coming weeks and perhaps months. In particular,...
Applying the reasonableness standard to Indigenous consultation requirements
Assessing the implications of Coldwater v. Trans Mountain on major resource project approvals in Canada On February 4, 2020, the Federal Court of Appeal released its decision in Coldwater v. Trans Mountain, 2020 FCA 34 (“Coldwater”), considering legal challenges to...
Episode 2: Construction dirt – Where does it go and who regulates it
Listen to Episode 2 of Morning Commute with Miller Thomson. This Environmental episode examines the issues of excess soil and waste from construction projects in Ontario.
The BC Court of Appeal maintains a high bar for certifying environmental class actions
The BC Court of Appeal’s decision in Kirk v Executive Flight Centre et. al[1] striking out certification of an environmental class action illustrates the challenges in bringing environmental torts by way of class proceedings and specifically maintains a high bar...
