Environmental Law Lecture - Chapter 13

Question 1

What is environmental law?

Answer 1

A rapidly growing area of the law.

Question 2

What is the growth of environmental law largely fueled by?

Answer 2

Increased awareness on the part of the public and continued population growth, which puts more strain on the environment.

Question 3

Because of the rapid development of environmental issues, what has often moved too slowly?

Answer 3

Legislation

Question 4

Because of this, we will also need to discuss what?

Answer 4

How remedy can be sought via a civil action under tort law

Question 5

Neither the federal or the provincial government has what?

Answer 5

Complete jurisdiction over the environment

Question 6

Both levels of government have what?

Answer 6

Passed general and specific pieces of legislation

Question 7

What does federal legislation include?

Answer 7

The Canadian Environmental Protection Act and the Fisheries Act

Question 8

What does the Ontario government assume?

Answer 8

Primary jurisdiction over environmental protection through a regulatory framework

Question 9

What are the three main statutes?

Answer 9

the Canadian Environmental Act, 1999, the Fisheries Act, and the Species at Risk Act

Question 10

What is CEPA, 1999?

Answer 10

First introduced in 1988, it is the main federal environmental statute

Question 11

According to the CEPA legislation, the government is committed to what?

Answer 11

Sustainable development and pollution prevention

Question 12

What does the CEPA embrace?

Answer 12

Two progressive environmental principles

Question 13

What are these two principles?

Answer 13

The precautionary principle and the polluter-pays principle

Question 14

What does the Precautionary Principle state?

Answer 14

That full scientific proof of harm does not have to be established before environmental action is taken

Question 15

What does the Polluter-Pays Principle require?

Answer 15

That users and producers of toxic substances and pollutants be held responsible for the costs

Question 16

The CEPA has been what?

Answer 16

Criticized

Question 17

By January 2004, what had the CEPA listed?

Answer 17

56 substances as toxic.

Question 18

What have some criticized CEPA for?

Answer 18

Taking too long to screen and designate toxic substances

Question 19

What has the CEPA failed to deal with?

Answer 19

Pollution that cannot be traced to a single source or non-point sources of pollution (e.g. run-off from a field)

Question 20

What does the CEPA also allow?

Answer 20

Companies to pollute if it is within the limits of an existing permit

Question 21

What does the CEPA also allow (#2)?

Answer 21

More productive plants to pollute more.

Question 22

Although fisheries could fall under existing protection of species legislation it has been given what?

Answer 22

Special status in Canada

Question 23

Federal fisheries officers are given authority to what?

Answer 23

Make inspections and to ensure compliance under the act.

Question 24

S. 36 of the act makes it illegal to

Answer 24

Throw overboard or to allow the deposit of harmful substances into water inhabited by fish

Question 25

There is no requirement for what?

Answer 25

Proof that the material harmed fish

Question 26

What does the act allow for?

Answer 26

The deposit of certain substances by specific industries as long as they meet regulated levels (e.g. pulp and paper mills)

Question 27

In 2002, what did the federal government pass?

Answer 27

The Species at Risk Act which protects 233 endangered species

Question 28

What are the three purposes of the Species at Risk Act #1?

Answer 28

To prevent the extinction of at-risk species

Question 29

What are the three purposes of the Species at Risk Act #2?

Answer 29

To provide recovery for species at-risk

Question 30

What are the three purposes of the Species at Risk Act #3?

Answer 30

To encourage the management of species in order to keep them from becoming at risk.

Question 31

Prior to coming into place, the Species at Risk Act was?

Answer 31

Criticized, as it only applied to species on federal land.

Question 32

Where did the Species at Risk Act applying as it did leave the provinces?

Answer 32

To deal with species on provincial land.

Question 33

What else was the Species at Risk Act criticized for?

Answer 33

Protection for residence, not critical habitat (the place the animal collects food, breeds, cares for young)

Question 34

What are four of the major Ontario statutes?

Answer 34

- The Environmental Protection Act - The Environmental Bill of Rights, 1993 - The Environmental Assessment Act - The Safe Drinking Water Act, 2002

Question 35

The EPA is what?

Answer 35

The main piece of legislation

Question 36

What does the EPA serve?

Answer 36

To protect and conserve the environment by prohibiting the discharge of contaminants, regulating waste management, controlling vehicle emissions, and regulating ozone-depleting substances

Question 37

What does the Environmental Assessment Act require?

Answer 37

That proposed activities be studied before they are initiated in order to determine the possible consequences and that alternatives that could be persued also be discussed

Question 38

What does the Environmental Bill of Rights recognize?

Answer 38

That the people of Ontario have a right to participate in the government’s environmental decision making

Question 39

Where did the Safe Drinking Water Act grow out of?

Answer 39

The Walkerton Tragedy

Question 40

What has the Safe Drinking Water Act set out?

Answer 40

The law for a required standard of care for the owner and those that oversee municipal drinking-water systems

Question 41

The Safe Drinking Water Act: Under section 19, what must these individuals do?

Answer 41

“Exercise the level of care, diligence and skill in respect of a municipal drinking-water system that a reasonably prudent person would be expected to exercise in a similar situation”

Question 42

Courts are frequently involved in what?

Answer 42

Environmental issues when a civil action is launched.

Question 43

In such cases, what can the plaintiff seek?

Answer 43

A variety of remedies including damages or an injunction.

Question 44

What civil suits dealing with the environment have been based on claims of?

Answer 44

- Nuisance - Trespass - Negligence - Strict Liability

Question 45

What is one remedy in tort law?

Answer 45

Seeking damages or compensation.

Question 46

Where does the difficulty arise with this remedy?

Answer 46

In trying to establish that a right has been violated and that a plaintiff is entitled to a remedy

Question 47

What is it also difficult to do with this remedy?

Answer 47

Determine the proper monetary compensation for environmental issues

Question 48

What is another common remedy in environmental issues?

Answer 48

An injunction, which requires a party to either do or not do something

Question 49

What are some cons of this remedy?

Answer 49

Litigation is also very expensive and often it is necessary to determine who has standing, especially in class action suits.