In November, more than 11,000 scientists declared that the climate emergency has arrived and drastic action is required. Frustrated by government failure to respond adequately, citizens are taking to the courts. The Sabin Center for Climate Change Law reports at least 1,390 … [Read more...]
The Crown’s Duty to Consult
20/20: Looking back over the last 20 years What is the most important environmental law case in Canada since the turn of the century? Twenty years is a long time in Canadian environmental law, given that this area of law has only existed as a ‘thing’ for a little more than twice that length of … [Read more...]
Water Regulation in Alberta: 5 Things You Need to Know
Water plus Earth, Wind and Fire. No … it’s not a day at the beach with a great band from Chicago. These are the names of the four classical elements, which in ancient times were thought to explain the nature of how the world worked. They are also the subjects of the next four LawNow Environmental … [Read more...]
Important Concepts in Environmental Law – “Polluter Pays”
Your parents may have told you: “If you make a mess, you have to clean it up.” In a nutshell, that is the basis of the “polluter pays” principle. There is a lot wrapped up inside the simple principle of polluter pays. The roots of the principle come from economics rather than from … [Read more...]
Important Concepts in Environmental Law – The “Precautionary Principle”.
Last issue we talked about sustainable development. This time the topic is the precautionary principle. Most human activity has risk. When we are deciding whether we should do something, we balance the risks against the possible rewards. Risk has two parts. First, there is the probability that … [Read more...]
Important Concepts in Environmental Law – the Idea of “Sustainable Development”
In the next few columns I am going to talk about some concepts that are important to understanding environmental law. The first is the idea of sustainable development. A quick search of the CANLII website shows the phrase appears in Canadian federal and provincial legislation 359 times and in … [Read more...]
Are Environmentalists Good or Bad?
Tree-huggers. Greenies. Enviro-nazis. Eco-terrorists. Eco-extremists. City-dwellers. Radicals. Eco-vangelists. Eco-crazies. Sheeple. Foreign-funded __________________ (add any of the preceding epithets). What ARE environmentalists anyway? Are they good, wise, caring, rational, science-loving … [Read more...]
How Are Off Road Vehicles Regulated in Alberta?
You are thinking about spending a lot of money on a brand-new quad, dirt-bike, snowmobile or something similar. What are the rules? Who makes them? Where will you be able to use it? Almost every human activity has the potential to affect the environment in some way. Regulating activities always … [Read more...]
A River Runs Across It: Solving Trans-border Disputes Over Water
People get very passionate about both water and borders. So how do we avoid or resolve disputes involving rivers and lakes that cross the border between Canada and the United States? At almost nine thousand kilometers, our border with our closest neighbour is the longest unprotected political … [Read more...]
The Environment and Aboriginal Rights
In my inaugural column for LawNow (here) I suggested five reasons that environmental law can be challenging to understand. One of those reasons was that it requires some understanding of Aboriginal law, a complex subject in its own right. Even if I were up to the task, it would be impossible to … [Read more...]
