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Victory trashes Lafarge's tire burning plan
Status: Victory
Legal victory stops controversial plan to burn tires, trash and bone meal in an antiquated cement kiln near Kingston, Ontario [Dec 2008]
In December 2008, Ecojustice lawyers Hugh Wilkins and Marlene Cashin recorded a long awaited legal victory against Lafarge Canada.
Representing the Loyalist Environmental Coalition, a local community group, they successfully opposed the company’s controversial proposal to burn millions of kilograms of tires and trash in one of the largest cement kilns in North America, near Kingston, Ontario.
After Lafarge lost its case at the Divisional Court and was denied a further appeal by the Ontario Court of Appeal, the company withdrew its proposal.
This ended several years of legal wrangling that pitted the company against local residents and groups, including Lake Ontario Waterkeeper (represented by Rick Lindgren from Canadian Environmental Law Association) and members of the band Tragically Hip (represented by lawyer Joe Castrilli).
The precedent-setting decision confirms the public's right to participate in environmental decision-making and compels the provincial government to consider the cumulative impacts of a project -- the effect of the project in addition to existing conditions such as air or water pollution -- before issuing an approval.
Staff:
Marlene Cashin, Staff Lawyer, Toronto
Hugh Wilkins, Staff Lawyer, Toronto
Dr. Elaine MacDonald, Staff Scientist, Toronto
Clients:
Loyalist Environmental Coalition
