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Key Developments in Environmental Law 2017
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Get Expert insight into the landmark environmental law issues of the past year

Editor-in-Chief: Stanley D. Berger

 Key Developments in Environmental Law 2017 features an insightful collection of articles written by renowned environmental lawyers and environmental professionals. Included in this release are the following:

  • Reflections on Canada’s 2017 Initiatives to Amend the Canadian Environmental Assessment Act, by Stanley D. Berger
  • The Bilcon NAFTA Tribunal: A Clash of Investor Protection and Sustainability-based Environmental Assessments, by Meinhard Doelle
  • Canada Targets Implementing a Comprehensive Ban on Asbestos and Asbestos-Containing Materials by 2018, by Jennifer Fairfax, Patrick G. Welsh, Rebecca Hall-McGuire and Isabelle Crew
  • Prophet River First Nation v. Canada (Attorney General): Did the Federal Court of Appeal Get it Wrong, Again? by Kirk N. Lambrecht Q.C.
  • Great Haste Makes Great Waste – Case Comment on Keswick Presbyterian Church v. Ontario (Ministry of the Environment and Climate Change), by Marc McAree, Richard Butler and Robert Woon
  • Making Out the Due Diligence Defence in an Environmental Prosecution: Case Comment on R v. ControlChem Canada Ltd., by Marc McAree, Matt Gardner and Giselle Davidian
  • Has the Court Paved the Way for Plaintiffs to Profit off of Purchasing Contaminated Sites? Damage Awards Intended to Benefit the Environment May only Result in Windfalls for Plaintiffs, by Natalie Mullins
  • Urgenda Foundation v. The State of the Netherlands - Precedents and pitfalls of an innovative approach to state liability for climate change, by James Rendell
  • To pierce, or not to pierce – or is that even the question? A comment on the still undecided Chevron Corporation v. Yaiguaje appeal, by Alex Smith and Mark Strychar-Bodnar
  • The Impact of Brexit on UK Environmental and Nuclear Law, by Simon Tilling and Ian Truman


About the Author

Stanley D. Berger is a partner at the law firm of Fogler Rubinoff LLP in Toronto in the Environmental Law and Energy Practice Groups. He is certified by the Law Society of Upper Canada as a specialist in Environmental Law. Besides environmental and energy law, his practice areas include regulatory law and litigation, nuclear energy law, access to information and aboriginal law. Before joining Fogler Rubinoff, Mr. Berger was an Assistant General Counsel for Ontario Power Generation Inc.(OPG) for fourteen years. Mr. Berger is a past president honourary member of the Board of Management of the International Nuclear Law Organization stationed in Brussels. He is the founding director, Board Member and past President of the Canadian Nuclear Law Organization. He has taught nuclear energy law at the O.E.C.D./Nuclear Energy Agency International School of Nuclear Law at the University of Montpellier in France and Approaches In Energy Development at Osgoode/ York University's LLM Program in Energy Law. Mr. Berger is the editor of Key Developments in Environmental Law (formerly Environmental Law: The Year in Review) and the author of The Prosecution and Defence of Environmental Offences (Canada Law Book). He is an associate editor of the Canadian Environmental Law Reports. Prior to joining OPG, Mr. Berger was senior counsel and Deputy Director of Law for Prosecutions with the Ontario Ministry of the Environment for nine years. He started his legal career as an Assistant Crown Attorney where he prosecuted criminal offences in Toronto.

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