Richmond Landfill - Upholding Ontario's Environmental Assessment Process
Collection of materials regarding Sutcliffe v. Ontario (Minister of the Environment)
In a landmark Divisional Court decision in 2003 regarding the proposed expansion of the Richmond Landfill near Napanee, Ontario, the Court agreed with CELA’s clients that Ontario’s Environment Minister has no jurisdiction under the Environmental Assessment Act to approve “Terms of Reference” which exclude mandatory EA planning issues – such as “need” and “alternatives” – from further consideration in the EA process. Accordingly, the Court quashed “scoped” Terms of Reference that excluded such issues, but were nevertheless approved by the Minister, in relation to the proposed expansion of the Richmond Landfill.
The Divisional Court Decision Sutcliffe v. Ontario (Minister of the Environment), (2003-06-17) ONSC can be viewed on-line. The following articles and media releases provide a summary of CELA’s involvement in this case. However, on appeal, the Ontario Court of Appeal overturned the Divisional Court decision.
Following this litigation, the proponent completed and submitted its "scoped" EA for the proposed landfill expansion. However, in November 2006, Ontario's Minister of the Environment refused to approve the proposed expansion under the EA Act due to outstanding environmental concerns.