An Introduction to Environmental Law and Policy in Canada 3rd Edition by Julie Williams, Paul Robert Muldoon ISBN 9781772555721 177255572X

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ISBN 10: 177255572X
ISBN 13: 9781772555721
Author: Julie Williams, Paul Robert Muldoon

An Introduction to Environmental Law and Policy in Canada 3rd Edition Table of contents:

Part I: Introduction: The Evolution and Framework of Environmental Law

Chapter 1: Environmental Law and Its Evolution in Canada

I. Introduction: What Is Environmental Law?

II. The Scope of Environmental Law

III. Ideas Underlying Modern Environmental Law

Public Welfare and Citizen Participation

Philosophy and Ethics

IV. The Role and Place of Environmental Law

Laws of General Application and Sectoral Laws

V. Four Evolutionary Phases in Canadian Environmental Law

Phase 1: Common Law Rights and Early Statutes

Phase 2: Waste Control and Cleanup Laws

Phase 3: Toxics Control Laws

Phase 4: Comprehensive Approaches to Environmental Assessment and Planning and Management Regimes

VI. Four Associated Trends in Environmental Law

Regional, Continental, and Global Effects

Transparency and Citizen Participation

International Influences

Effective and Efficient Application of the Law

VII. Three Big Challenges for Environmental Law

Sustainability

Complexity and Uncertainty

Protection and Transformation

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Chapter 2: The Canadian Legal Framework

I. Introduction: Law in Our Society

II. Legal Systems

III. The Role of the Constitution

IV. The Constitutional Division of Powers

V. Municipal Jurisdiction

VI. Indigenous Law and Aboriginal Jurisdiction

VII. Statutes and Subordinate Legislation

VIII. How Laws Are Made

Statutes

Regulations

IX. The Concept of Jurisdiction

X. Discretionary Decisions and Policies

XI. The Concept of Liability

XII. Courts and Tribunals

How Courts Work

How Tribunals Work

XIII. Dispute Resolution

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Part II

Aspects of Environmental Law

Chapter 3

Part II: Aspects of Environmental Law

Chapter 3: Environmental Law and Indigenous Peoples

I. Introduction

II. Key Constitutional, Statutory, and Treaty Documents

III. Common Law

Calder v British Columbia (1973)

R v Sparrow (1990)

Delgamuukw v British Columbia (1997)

Taku River Tlingit First Nation v British Columbia (Project Assessment Director) (2004)

Haida Nation v British Columbia (Minister of Forests) (2004)

Tsilhqot’in Nation v British Columbia (2014)

Mikisew Cree First Nation v Canada (2018)

IV. Treaties

Consultation Requirements Under Treaties

Guidance on Consultation Obligations

V. International Law and Indigenous Peoples

VI. Conclusion

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Chapter 4

Chapter 4: The Relationship Between Canadian and International Law

I. Introduction: Understanding the Nature of International Law

Conventional International Law

Customary International Law

II. Who Are the Players in International Law?

The Role of the United Nations

III. The Relevance of International Law to Canadian Environmental Law

IV. The Future of International Environmental Law

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Part III

Regulatory Regimes

Chapter 5

Part III: Regulatory Regimes

Chapter 5: Environmental Protection Regimes and Regulatory Tools

I. Introduction

II. Private Law

Common Law Rights

III. Public Law

IV. Basic Types of Environmental Regulatory Regimes

Media-Based Regimes

Approval-Based Regimes

Sector-Based Regimes

The Overlapping Nature of Environmental Regimes

More Integrated Environmental Assessment and Planning Approaches

V. The Command and Control Model — A Deeper Dive

The Command Tool Box: Setting Standards for Environmental Behaviour

Approaches to Standard Setting

The Control Toolbox: Compliance and Enforcement

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Chapter 6

Chapter 6: Sectoral Regulatory Regimes

I. Introduction

II. Fossil Fuels

Oil and Gas

Oil Sands

Coal

Federal Regulation

III. Nuclear Energy

International Law

Federal Regulation

IV. Mining and Aggregates

Mining

Aggregates

V. Fisheries

VI. Forestry

VII. Agriculture and Aquaculture

Agriculture

Aquaculture

VIII. Pesticides

International Regulation

Federal Regulation

Provincial Regulation

Municipal Regulation

IX. Biotechnology and Genetic Engineering

Applications of Genetic Engineering

Risks

The Legal Framework

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Part IV

Integrated Approaches to Environmental Law

Chapter 7

Part IV: Integrated Approaches to Environmental Law

Chapter 7: Environmental Assessment

I. Introduction

II. The Origins and Evolution of Environmental Assessment Law

The US National Environmental Policy Act of 1969

The Establishment of Environmental Assessment Law in Canada

III. Basic and Advanced Components of Environmental Assessment Laws

IV. Canadian Federal Assessment Law

The Canadian Environmental Assessment Acts of 1995 and 2012

The 2019 Impact Assessment Act

V. The Ontario Environmental Assessment Act and Process

VI. Other Particularly Notable Assessment Provisions and Practices in Canada

VII. The Future of Environmental Assessment

Upward Harmonization

Cumulative Effects and Strategic-Level Assessments

Sustainability-Based Assessment

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Chapter 8

Chapter 8: Planning and Management Regimes

I. Introduction

II. Crown Land Management

Crown Land

Sectoral Resource Development Law

Public Land Planning and Management

III. Parks and Other Protected Areas

International Law

Federal Parks

Provincial Parks

Partnerships with Indigenous Peoples

Private Landowners

Marine Areas

Remaining Challenges

IV. Endangered Species

Species at Risk

International Trade

Habitat Loss

Climate Change

V. Urban Planning, Growth Management, and Brownfields

Land Use Planning

Roles and Responsibilities

Land Use Planning as a Growth Management Tool

Brownfields Redevelopment

VI. Watershed Planning and Source Water Protection

Watershed Planning in Ontario

The Walkerton Tragedy

Ontario’s Clean Water Act

Remaining Challenges

Future Challenges

VII. Electric Power Systems

Conservation and Demand Management

Renewable Energy Sources

Energy System Transition

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Chapter 9

Chapter 9: Corporations and Harnessing Market Forces

I. Introduction

II. Corporate Law

Liability and the Corporate Veil

Corporate Mandate

III. Economic Instruments

Types

Behavioural Economics

IV. Non-Regulatory Instruments

Types

Voluntariness

Advantages and Disadvantages

V. Drivers of Change

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Part V

Protecting Environmental Rights

Chapter 10

Part V: Protecting Environmental Rights

Chapter 10: Using the Courts to Protect the Environment

I. Introduction

II. Environmental Issues and Private Actions

III. The Challenges of Environmental Litigation

IV. Standing

The Traditional Standing Rule

Public Interest Standing

V. Class Actions

VI. Interventions

Added Party

Friend of the Court

Public Interest

VII. Causes of Action

Nuisance

Trespass

Negligence

Strict Liability

Statutory Causes of Action

VIII. Causation: Establishing the Cause–Effect Relationship

IX. Damages and Remedies

Monetary Damages

Equitable Relief

X. Costs

XI. Mediation

XII. Court Action as an Environmental Protection Tool: Its Limits and Potential

Causal Links and Quantifying Damages

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Chapter 11

Chapter 11: Using Administrative Decision-Making Processes to Protect the Environment

I. Introduction

II. Types of Administrative Decision-Making

III. Tribunal Procedures

Natural Justice and Procedural Fairness

Evidence

Record

Parties

Decisions and Reasons

Costs

IV. Appeals

Environmental Appeal Boards

V. Substantive Judicial Review

Standing

Reviewing the Merits of a Decision: The Standard of Review and Grounds for Judicial Review

VI. Public Inquiries

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Chapter 12

Chapter 12: Environmental Bill of Rights and Access to Information

I. Introduction

II. Canada’s History of Environmental Rights

Environmental Law and the Right to Participation

The Origin of Environmental Bills of Rights in Canada

Ontario’s Approach to Protecting Environmental Rights

Public Participation Rights

Court Access

Whistle-Blower Protection

Accountability

III. Access to Information

Access to Information Statutes

Summary of Key Points

Key Terms

Discussion Questions

Suggested Readings

Notes

Part VI

Emerging Issues

Chapter 13

Part VI: Emerging Issues

Chapter 13: Emerging Issues

Introduction

I. Using the Law to Mitigate Climate Change

Discussion Questions

NOTES

II. Human Health Effects of Climate Change

Discussion Questions

NOTES

III. Water Fluoridation and Evidence-Based Policy-Making

Discussion Questions

NOTES

IV. Banning Single-Use Plastics

Discussion Questions

NOTES

V. Alberta Oil and Gas Well Cleanup

Discussion Questions

NOTES

VI. Environmental Implications of Energy Trade and Investment—NAFTA and USMCA

Discussion Questions

NOTES

VII. The Emergence of Electric Cars

Discussion Questions

NOTES

VIII. Animal Rights Law

Discussion Questions

SUGGESTED READINGS

NOTES

IX. High-Stakes Law: Going to Court for Species at Risk

Discussion Questions

NOTES

X. Civil Disobedience

Discussion Questions

NOTES

Glossary

Index

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Tags: Julie Williams, Paul Robert Muldoon, Environmental Law, Policy, Canada