HazMat Management

June 27, 2017 News

U.S. Supreme Court Refuses to hear Pollution Case against Chevron

by John Nicholson

The U.S. Supreme Court recently made the decision not to hear the case against the Chevron Oil Company made by villagers in Ecuador that claim the company is evading the payment of $8.65 billion (U.S.) for a pollution judgement against

June 5, 2017 News

Taking the Cleaner to the Cleaners: Statutory Liability For Pollutant Spills Post-Midwest

by Lana Finney and Stacey MacTaggart, DLA Piper

In a decision released in March 2017, Huang v Fraser Hillary’s Limited (“Huang“), the Ontario Superior Court of Justice used section 99(2) of the Ontario Environmental Protection Act (“EPA“) to anchor liability and award the plaintiff $1,632,500 in damages for remediation, in addition to

May 14, 2017 News

Aviva Insurance Co. of Canada v. Intact Insurance Company.

by Jennifer O'Dell, Associate, Blaney McMurtry LLP

Aviva Insurance Co. of Canada v. Intact Insurance Company1 The outcome of the decision of Aviva Insurance Co. of Canada v. Intact Insurance Company1 should remind insurers that even though the insurance industry has taken steps to ensure that contemporary

May 7, 2017 News

The future of environmental enforcement in the U.S.

by Kimberly Hyde, George Gigounas, and Christopher G. Campbell, DLA Piper

A new decision in the U.S. Ninth Circuit Court of Appeals gives new influence to objection letters sent by the U.S. Environmental Protection Agency to state and local environmental agencies, and may open the door for the EPA to employ

April 30, 2017 News

Alberta Court Places Creditors over the Environment

by hazmat management editor

As reported by the CBC and the Calgary Herald, the Alberta Court of Appeal (in a 2-1 decision) has upheld the Redwater Energy decision that gave secured creditors priority over environmental clean-up in the case of an energy bankruptcy. The

April 17, 2017 News

Court Ruling Requires Neighbors to Contribute to Contamination Investigation Costs

by Dan T. McKillop, Counsel, Scarinci Hollenbeck

What does a New Jersey Appellate Court decision mean for the New Jersey Spill Act? A recent Appellate Division decision may spur contribution suits under the New Jersey Spill Compensation and Control Act (the Spill Act). In Matejek v. Watson (N.J.

April 9, 2017 News

Street Sweepings deemed Waste by Regulator

by John Nicholson

The Ontario Ministry of the Environment and Climate Change (MOECC) recently issued an Order to the City of Mississauga (a City of 800,000 immediately west of Toronto) to remediate street sweeping it had distributed to a number of private and

April 3, 2017 News

Corporation Ordered to pay $1 million by Ontario Court for historic spill

by John Nicholson

The Ontario Superior Court recently ruled that the corporation responsible for the release of dry cleaning solvents from 1960 through to 1974 is li able for clean-up.  In Huang v Fraser Hillary’s Limited, 2017 ONSC 1500 (CanLII), the Court ruled

March 3, 2017 News

B.C. contaminated soil landfill loses Environmental Permit

by Hazmat Management Editor

The British Columbia (B.C.) Ministry of the Environment (MOE) recently canceled the environmental permit for Cobble Hill Holdings for the operation of its contaminated soil landfill.  The landfill, located near Shawnigan Lake in British Columbia, had been use as a

February 9, 2017 News

Ontario Superior Court finds insurer obliged to share equally in defence of Pollution Claim

by Michael S. Teitelbaum

Author Michael S. Teitelbaum In Aviva Insurance Co. of Canada v. Intact Insurance Company, Ontario Superior Court Justice Cavanagh granted Aviva’s request for a declaration that the CGL policy issued by Intact’s predecessor company, Cornhill, to Avondale Stores Limited, effective