Environmental Jurisdiction

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Environmental Jurisdiction by Mind Map: Environmental Jurisdiction

1. FEDERAL

1.1. Canadian Environmental Protection Act

1.1.1. Biodiversity, intergovernmental cooperation, ecosystem approach

1.1.2. Revised CEPA in 1999 provided 4 regulatory options dealing with toxic substances

1.1.2.1. Lifecycle Management: Regulates toxic substances by defining a series of lists (PSLs - substances that should be given priority for having toxicity assessed) (TSLs - substances that are tested for being toxic (138/10,000s)). Toxic is defined as causing harm/danger to environment and danfer to humans

1.1.2.2. Pollution Prevention: givers the federal minister the power to make anyone submit pollution prevention plans, minister given little guidance, case by case basis

1.1.2.3. Virtual Elimination: toxic substances management where it is the producers responsibility to regulate but unclear if legally binding, burden of proof must be beyond original doubt

1.1.2.4. Economic instruments

1.2. Canadian Environmental Assessment Act

1.2.1. An EA is required when a federal authority proposes a project, owns/sells/leases land for a project, provides financial assisstance, or issues approval

1.2.2. The 4 levels of EA Review are Screening, Comprehensive Study, Mediation and Panel Review

1.3. Powers Assigned by the Constitution

1.3.1. Proprietary

1.3.2. Legislative

1.3.3. Conceptual

1.3.4. Residual

2. PROVINCIAL

2.1. Can be overstepped by Federal Policy

3. INDIGENOUS

3.1. Rights to self-govern and negotiate land claims

3.2. First access to resources (after conservation)

3.2.1. Regina v Sparrow (overfishing)

3.3. Challenge in how they blend environmental Assessment provisions

3.4. Require use of traditional Indigenous Knowledge in solving issues

4. PRIVATE

4.1. Tort Law

4.1.1. Negligence

4.1.2. Nuisance

4.1.3. Riparian Rights

4.1.4. Trespass

5. 5 Models of Environmental Management

5.1. Frontier Economics

5.1.1. Little thought about the environment

5.2. Resource Management

5.2.1. Economics is still important, making the polluter pay

5.3. Green Society

5.3.1. Subjugates the economy and the environment , focus on using environmentally friendly products

5.4. Sustainable developmetn

5.4.1. society, economics and environment are all a mutual system

5.5. Deep Ecology

5.5.1. Little thought to the economy, environmental supplies become limited