The Rural Voice, 1996-06, Page 17Agrilaw
significance, consistent with the
objective of environmental
protection, must be found in
relation to both the impairment,
and the use which is impaired ...
The kinds of environmental
'uses' that can be made of a
particular area, and the question
of whether the release of a
contaminant has impaired these
'uses' in a manner which is more
than trivial or minimal, will
involve certain factual inquiries.
The character of the
neighbourhood in which the
contaminant has been released,
the nature of the released
contaminant, and the amount
released, will al! be important
factors."
The complaints related to CP's
controlled burn were determined to
be more than trivial or minimal.
Since the EPA definition of both
"contaminant" and "adverse effect"
are so broad as to cover the
environmental consequences of
many daily interactions with the
environment, the Court's decision
clearly requires those responsible
for contaminants and their release
to seriously consider potential
impacts before discharge. The
threshold for prosecution and
conviction for environmental
contamination under the EPA, as
defined by the Supreme Court,
requires only that the affected use
and the degree of its impairment
have some significance.0
Agrilaw is a syndicated column
produced by the full service London
law firm of Cohen Highley Vogel
and Dawson. Paul G. Vogel, a
partner in the firm, practises in the
area of commercial litigation and
environmental law. Agrilaw is
intended to provide information to
farmers on subjects of interest and
importance. The opinions
expressed are not intended as legal
advice. Before acting on any
information contained in Agrilaw,
readers should obtain legal advice
with respect to their own particular
circumstances.
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JUNE 1996 13