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Litigation

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On March 6th, the U.S. Court of Appeals for the D.C. Circuit modified its 2017 ruling that struck down portions of EPA’s definition of solid waste (“DSW”) rule.  (American Petroleum Institute, et al. v. EPA, No. 09-1038 (D.C. Cir. March 6, 2018)).  At issue in the case is a 2015 rule that determined when hazardous secondary materials are recycled and thus not subject to regulation under the Resource Conservation and Recovery Act (“RCRA”) as hazardous…

Often cited as a foundation of environmental law in Canada (and elsewhere), the “polluter pays” principle posits that polluters should (at least at first instance) be the immediate party responsible for the costs and damages relating to the contamination they cause.  In fact, the preamble to the federal Canadian Environmental Protection Act expressly endorses this principle: “Whereas the Government of Canada recognizes the responsibility of users and producers in relation to toxic substances and pollutants…

On December 9, 2015, we were given a chance to more clearly understand the legal arguments being mounted by industry groups and environmentalists against EPA related to the definition of solid waste (“DSW”) rule that was promulgated nearly a year ago under the Resource Conservation and Recovery Act (“RCRA”). In their opening briefs filed in the consolidated lawsuit American Petroleum Institute v. EPA, both sets of parties are calling on the U.S. Court of Appeals for…

Loblaws, Joe Fresh, Nevsun Resources, Hudbay Minerals, and Tahoe Resources. What do these Canadian companies have in common? They have been targeted in significant lawsuits in Canadian courts for alleged labour and/or human rights violations in their overseas operations or supply chains. Canadian multinational corporations must take note that our courts are revealing a new willingness to expand their jurisdictional reach in light of modern commercial realities and perceived corporate impunity (see:  Chevron Corp. v.…