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06 Dec 2012

Polluter Pays: Newfoundland and Labrador v. AbitibiBowater Inc.

Posted By: Friends of the Earth Canada Comments Off on Polluter Pays: Newfoundland and Labrador v. AbitibiBowater Inc.

On December 7, the Supreme Court of Canada is expected to announce a decision on the case of Newfoundland and Labrador v. AbitibiBowater Inc. et al (now known as Resolute Forest Products). This ground-breaking legal case represents the first time Canada’s insolvency law has dealt with the polluter pays principle — in this case, for historic contamination by AbitibiBowater’s mining, shipping and pulp and paper operations in Newfoundland and Labrador. The company filed for insolvency protection in 2008, leaving a toxic legacy of heavy metals and other hazardous chemicals.

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29 Nov 2011

Asian Carp threat to Great Lakes

Posted By: Friends of the Earth Canada Comments Off on Asian Carp threat to Great Lakes

Friends of the Earth, represented by their attorneys, the Great Lakes Environmental Law Center and Ecojustice Canada, filed an amicus brief on November 22, 2011 urging the U.S. Supreme Court to hear the appeal by the States of Michigan, Minnesota, Ohio, Pennsylvania and Wisconsin. These States are in court to force the U.S. Corp of Engineers and other defendants to take urgent action to prevent the invasion of Asian Carp into the Great Lakes through the Chicago Area Water System.

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16 Nov 2011

Friends of the Earth, Ecojustice ask Supreme Court to respect polluter pays principle

Posted By: Friends of the Earth Canada Comments Off on Friends of the Earth, Ecojustice ask Supreme Court to respect polluter pays principle

(Ottawa, November 16, 2011) Ecojustice, representing Friends of the Earth, appeared before the Supreme Court of Canada today to argue that insolvent corporations cannot shift the cost of cleaning up environmental contamination to the taxpayer. This is the first time Canada’s insolvency procedure has been challenged to deal with the polluter pays principle. In this case, the issue is historic contamination by AbitibiBowater Inc.’s mining, shipping and pulp and paper operations in Newfoundland.

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15 Nov 2011

Friends of the Earth, Ecojustice fighting for polluter pays principle at Supreme Court

Posted By: Friends of the Earth Canada Comments Off on Friends of the Earth, Ecojustice fighting for polluter pays principle at Supreme Court

Friends of the Earth, represented by Ecojustice, will appear before the Supreme Court of Canada in the case of Newfoundland and Labrador v. AbitibiBowater Inc. The Supreme Court is considering whether insolvent corporations in Canada must fulfill their past environmental obligations to the public or whether taxpayers must bear the full cost of an environmental clean-up. This is the first time Canada’s insolvency procedure is challenged to deal with the polluter pays principle, in this case, for historic contamination by AbitibiBowater’s mining, shipping and pulp and paper operations in Newfoundland.

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14 Dec 2009

Canada facing legal challenge for breaking federal global warming law

Posted By: Friends of the Earth Canada Comments Off on Canada facing legal challenge for breaking federal global warming law

OTTAWA — The Government of Canada is facing a landmark legal challenge in the country’s top court for failing to take action on global warming — specifically for refusing to respect a federal law that requires reductions in greenhouse gas emissions. Yesterday an appeal was filed with the Supreme Court seeking to argue that the Government is breaking Canadian law by failing to comply with the Kyoto Protocol Implementation Act (KPIA). It is the first climate change lawsuit in Canadian history.

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15 Oct 2009

Canada violating Kyoto law

Posted By: Friends of the Earth Canada Comments Off on Canada violating Kyoto law

TORONTO — Environmental groups are in court today challenging Canada’s federal government for its violation of the Kyoto Protocol Implementation Act (KPIA). Friends of the Earth, represented by Ecojustice and Paliare Roland Barristers are arguing before the Federal Court of Appeal that Canada’s Minister of Environment and the Governor in Council are in violation of the Canadian law that requires Canada to take strong action to meet binding international commitments to fight climate change.

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25 Nov 2008

Canada back in court over Kyoto lawsuit

Posted By: Friends of the Earth Canada Comments Off on Canada back in court over Kyoto lawsuit

OTTAWA — Lawyers for Friends of the Earth Canada gave the Government of Canada notice yesterday that they will be appealing a recent Federal Court decision in Canada’s first ever climate change lawsuit. The much anticipated appeal comes one week before the world gathers in Poznan, Poland for the next round of international climate change negotiations.

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20 Nov 2008

Canada’s top court upholds right to launch environmental class action lawsuits

Posted By: Friends of the Earth Canada Comments Off on Canada’s top court upholds right to launch environmental class action lawsuits

OTTAWA — Environmental advocates are hailing a precedent-setting ruling from the Supreme Court of Canada today in the case of St. Lawrence Cement Inc. v. Barrette, which upheld the right for citizens to launch environmental class action lawsuits. Represented by pro bono lawyers from Ecojustice (formerly Sierra Legal Defence Fund) and the firm of Lauzon Bélanger, the Quebec Environmental Law Centre and Friends of the Earth Canada intervened in the dispute to defend the rights of Canadians to use class action procedures in environmental nuisance cases. The groups also sought to challenge a controversial Quebec Court of Appeal decision that would have prevented class action lawsuits over environmental harm.

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21 Oct 2008

Canada wriggles off the hook for violating Kyoto law

Posted By: Friends of the Earth Canada Comments Off on Canada wriggles off the hook for violating Kyoto law

(Toronto, October 20, 2008) After months of deliberation, Canada’s Federal Court released a decision late yesterday regarding the Government of Canada’s alleged violation of the Kyoto Protocol Implementation Act (KPIA), a federal law that required Canada to take specific action to meet binding international commitments to fight climate change.

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