Entries by hazzmatt1

U.S. DOT Proposing Changes to Hazardous Materials Regulations

The U.S. Department of Transportation (DOT) is proposing a change to the Hazardous Materials Regulations to allow the transportation of liquefied natural gas (LNG) on railcars. The overture builds on an executive order by President Donald Trump issued earlier this year. Currently, LNG can only be transported by rail using a portable tank with prior […]

What is the difference between external & internal radiation exposure?

Written by Steven Pike, Argon Electronics Radiological incidents where there is the potential for the release of ionising radiation can occur in a wide variety of scenarios – be it a fire in an industrial facility, a transportation accident that involves radioactive materials or the deliberate use of a radiological dispersal device (RDD). Any accident or incident […]

Urgent Canadian Action is needed on PFAS — the Forever Chemicals

Written by Bev Thorpe and Fe de Leon for the Canadian Environmental Law Association The class of chemicals called PFAS (Per- and Polyfluoroalkyl Substances) are often referred to as ‘the forever chemicals’ because they are highly persistent in the environment and will take hundreds if not thousands of years to disappear from the soil and groundwater where […]

Mind the GAP: Excluded Pollution Conditions in Environmental Insurance Policies

Written by Carl Spensieri, Vice President, Environment, Berkley Canada BACKGROUND Your Company excavates and transports contaminated soils on a redevelopment project. Being an experienced contractor, you implement several best management practices to reduce the amount of dust and odour you generate while doing this work. Further, you even implement a truck inspection and washing process […]

Penalty Creep: What is going on with Environmental Fines Across Canada?

Written by Aaron Atcheson, Bryan Smits, Danielle Parry, Julia Zanetti, Miller Thomson In July of this year, a fine of $2.7 million was levied against Kirby Offshore Marine Operating LLC following its guilty plea for violations of the Fisheries Act involving a spill of diesel fuel and lubricants near Edge Reef in British Columbia.[1] Approximately 107,552 litres of diesel […]

EPA Finalizes Universal Waste Rule for Hazardous Aerosol Can Wastes, Streamlining Requirements for Their Management

Written by Aaron H. Goldberg, Principal, Beveridge & Diamond On November 15, 2019, the Administrator of the U.S. Environmental Protection Agency (EPA) signed a final rule to classify and regulate hazardous aerosol can wastes as “universal wastes” under the federal Resource Conservation and Recovery Act (RCRA) hazardous waste rules. Once the rule becomes effective, hazardous aerosol […]

Environmental Liability Policies: The Extent Of Coverage

Written by Robert Emblem, Partner and Gabrielle Dumas-Aubin, Senior Associate, Clyde & Co The authors wish to thank Raphaëlle Dussault for her contribution to the article Soil contamination can expose landowners and businesses to significant liability. But Clyde & Co recently secured a Quebec ruling that demonstrates they should not assume that environmental liability insurance policies […]

Serving ‘Rough Justice’: Assessing Remediation Costs And Liability Allocation Pursuant To The British Columbia Environmental Management Act

Written by Menka Sull and Samuel Kim, Alexander Holburn Law Firm The British Columbia Environmental Management Act, S.B.C. 2003, c. 53, and the Contaminated Sites Regulation, B.C. Reg. 375(96) (CSR), provide the framework for identifying, remediating, and determining responsibility for the remediation of contaminated sites in British Columbia. There has been relatively little case law considering the EMA; however, […]

U.S. EPA Green Remediation Best Management Practices

Excavation and Site Remediation Excavation of soil, sediment or waste material is often undertaken at contaminated sites to address immediate risk to human health or the environment; prepare for implementation of remediation technologies and construction of supporting infrastructure; and address contaminant hot spots in soil or sediment. The excavation and subsequent backfilling processes rely on […]

What are the safety risks when transporting radioactive materials?

Written by Stephen Pike, Argon Electronics Radioactive materials have a wide variety of applications within the fields of medicine, power generation, manufacturing and the military – and just as with any other product, there are times when these materials may need to be moved from one location to another. In the US, the Environmental Protection […]