Entries by hazzmatt1

When Is It Too Late to Sue for Environmental Contamination? The Alberta Court of Appeal Rules

Written by Laura M. Gill, Stephanie Clark, and Justin Duguay, Bennett Jones LLP On February 6, 2019, the Alberta Court of Appeal (ABCA) released its first ever decision on section 218 of the Environmental Protection and Enhancement Act (EPEA), which may extend limitation periods applicable to environmental contamination claims. By a unanimous decision in Brookfield Residential (Alberta) LP […]

Leaking Sewers Cost City 50% of Dry Cleaner Site Cleanup Costs

Written by John A. McKinney Jr., Chiesa Shahinian & Giantomasi PC Are you in a case where an on-site and off-site groundwater plume of dry-cleaning solution (perchloroethylene or PCE) or other hazardous substance is intersected by sewers through which the used and disposed solution flowed?  If so, the case of Mission Linen Supply v. City of […]

Amendments to the Canada Shipping Act, 2001 and Marine Liability Act

by Joanna Dawson, McMillan LLP On December 13, 2018, Bill C-86, A second Act to implement certain provisions of the budget tabled in Parliament on February 27, 2018 and other measures, otherwise known as the Budget Implementation Act was given royal assent.  This Bill, which was first introduced on October 29, 2018, predominantly pertains to amendments of budget-related […]

Researchers Develop new method to detect hazardous solvents in water and soil

A Purdue University team, led by Joe Sinfield, an associate professor in Purdue’s Lyles School of Civil Engineering, and involving former Purdue researcher Chike Monwuba, has developed a new method to detect the presence of these hazardous solvents in water and soil. The method offers the potential to enhance monitoring operations and improve the efficiency of remediation […]

With more oil to be shipped by rail, train derailments show enduring safety gaps

by Mark Winfield and Bruce Campbell, Faculty of Environmental Studies, York University, Canada The recent runaway CP Rail train in the Rocky Mountains near Field, B.C., highlighted ongoing gaps in Canada’s railway safety regime, more than five years after the Lac-Mégantic rail disaster that killed 47 residents of the small Québec town. The British Columbia crash resulted in the […]

Are New United States Regulations Coming for Accidental Releases into Air?

By Louis A. Ferreira, Willa B. Perlmutter, and Guy J. Thompson, Stoel Rives LLP On February 4, 2019, a federal court ruled that the U.S. Chemical and Safety Hazard Board must issue regulations within one year that set forth reporting requirements for accidental releases of hazardous substances into the ambient air. This requirement has been […]

U.S. PHMSA Study Will Assess Aligning U.S. and International Regulations for Aerosol Containers

by Bergeson & Campbell The U.S. Department of Transportation (DOT) Pipeline and Hazardous Materials Safety Administration (PHMSA) routinely reviews and amends the Hazardous Materials Regulations (HMR) to harmonize the HMR with international regulations and standards.  In February 2019, PHMSA’s Office of Hazardous Materials Safety (OHMS) contracted with the Cambridge Systematics (CS) Team to conduct a […]

How the SCC Decision in Redwater Case could Change the Role of Environmental Orders in Ontario Insolvency Proceedings

by Erin D Farrell, Jessica Bioly and Haddon Murray, Gowlings 1. Introduction The potential conflict between federal insolvency law and provincial environmental law that came to a head in Orphan Well Association v Grant Thornton Ltd (“Redwater“) was settled by the Supreme Court of Canada (the “SCC“) on January 31, 2019 in a split 5-2 decision.[1] Specifically, Redwater addresses whether environmental […]

How can a multi-gas detection simulator enhance emergency response?

Written by Steven Pike , Argon Electronics The growth in global industry and manufacturing, together with the ever-present risk of terrorist threat, means emergency personnel are increasingly being required to respond to incidents where there is risk of exposure to explosive atmospheres, low or enriched oxygen, or the presence of lethal toxic vapours. For response crews arriving […]