Green Economy Law Blog

Marc Goldgrub Marc Goldgrub

Canada to Review, Consider Expanding Industrial Emission Pricing System

Canada’s federal ministry of the environment and climate change recently announced it will review Output-Based Pricing System (OBPS) regulations with an eye to increasing emission reductions, covering additional industrial activities, correcting current standards not aligned with activities performed by participating facilities, and improving efficiency.

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Marc Goldgrub Marc Goldgrub

Canada Begins Formulating Carbon Offset Protocols Under Pollution Pricing System

Canada’s department of the environment and climate change recently announced it is developing first phase federal carbon offset protocols for advanced refrigeration systems, forest management, landfill methane management, and “enhanced soil organic carbon” (presumably referring to what is commonly known as regenerative agriculture).

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Marc Goldgrub Marc Goldgrub

EU Lawmakers Advance Carbon Border Adjustments Resolution

If implemented, EU carbon border adjustments would place a duty on imports from jurisdictions lacking a sufficient price on carbon emissions. This would protect European industries subject to the bloc’s carbon pricing system from competition with producers in countries with weaker environmental laws, as well as ‘leakage’, wherein businesses relocate operations to environmentally lax jurisdictions to increase cost competitiveness (i.e., ‘offshoring pollution’).

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Marc Goldgrub Marc Goldgrub

Ontario Strips Conservation Authorities' Power with Controversial Bill 229

Ontario’s recent omnibus Bill 229, ostensibly directed at addressing the COVID-19 pandemic and its economic consequences, contains provisions which effectively strip Ontario conservation authorities of certain permitting powers, redirecting them to the Ministry of Natural Resources and other public bodies.

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Marc Goldgrub Marc Goldgrub

Ontario Youth Climate Action Case Survives Motion to Dismiss, Headed for Trial

The lawsuit alleges Ontario’s provincial government, under the leadership of Progressive Conservative Premier Doug Ford, violated the s. 7 (life, liberty and security of the person) and s. 15 (equal protection) Charter rights of the plaintiffs and future generations when it cancelled Ontario’s cap and trade program and adopted a new, less-ambitious climate plan as compared with the previous government’s.

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Marc Goldgrub Marc Goldgrub

Australian Pension Fund Avoids Trial, Settles Climate Risk Lawsuit

As part of the settlement, the fund will “ensure that investment managers take active steps to consider, measure and manage financial risks posed by climate change and other relevant ESG risks…[and disclose] to members...those risks, as well as the systems, policies and procedures...to address those risks.” The fund will also commit to achieving a net zero carbon footprint by 2050.

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Marc Goldgrub Marc Goldgrub

New Jersey Adopts Groundbreaking Environmental Justice Law

On September 18th, New Jersey’s Democratic Governor Phil Murphy signed a “first-of-its-kind” environmental justice law that establishes permitting requirements for facilities looking to operate in the state’s “overburdened communities”. The law seeks to protect low-income and minority communities from disproportionate exposure to environmental harm.

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Marc Goldgrub Marc Goldgrub

Court to Decide Whether Canadian Climate Action Lawsuit Proceeds

The case La Rose et. al. v. Her Majesty the Queen was filed last October by several young Canadian plaintiffs, with support from Oregon-based non-profit law firm Our Children’s Trust. The lawsuit alleges the Canadian government violated the plaintiffs’ rights under the Canadian Charter of Rights and Freedoms by failing to take meaningful action to prevent anthropogenic climate change.

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