one of my favourite classes this semester has been environmental law. aside from the ridiculous amounts of readings and assignments, we were recently given some exam study questions, which are on a whole different level of craziness...
A large privately owned mining company is proposing to build a dam near one of its operations in order to generate its own electricity. The dam would block a river that flows into Lake Huron, interrupting fish migration routes now available in the river. It would also flood a large valley, wiping out important habitat for a number of species, including nesting grounds for some migratory birds. You are a lawyer representing an environmental group, Save the North, who is opposed to this dam being built.
a. Advise the environmental group as to whether this proposal would be subject to either the provincial or federal environmental assessment acts and/or what action the group could take to make it subject to either act, if any. Advise the group on the possible implications of the Harmonization Accord and the Sub-Agreement of the Accord on EA processes. (.5)
b. Assume that the proposal is subject to the Ontario Environmental Assessment Act. Explain to the group the significance of the terms of reference and how the group may participate in this stage of the process. (.3)
c. Assume it is now two year later and the dam has been built, and the proposal received all required EA approvals. As well, the company received an approval under the Lakes and Rivers Improvement Act (LRIA) to operate the dam. One condition of the LRIA approval was that the water level in the lake behind the dam not rise above a certain level in order to protect important bird nesting habitat. Members of Save the North have been monitoring the dam’s operation and brought back convincing evidence that the water level is 30% higher than the maximum allowable limit and has flooded all the bird habitat. The group wants to take immediate action. Could the EBR be used? What would you advise the group to do? (.2)
there's six of these to answer, everyone is more than welcome to help me out and send me their answers to this enigma :D....but i still love this class because it's so interesting and so relevant to current issues. also, ahm, we have a really hot marker, who, marks our assignments, cause the instructors are part time faculty, and full-time lawyers. anyhoo, mr. marker was the guest lecturer for thursday's class and he talked about kyoto, climate change, and personal experiences with carbon trading and emissions reductions (sounds boring, but i could listen to him talk about this stuff for hours....HOURS!), and everyone in the room just KNEW that everyone else was in love with this guy, he was such a charismatic dude, and he wore a sea-shell bracelet, and he's a humanitarian and cares about people in a way that made all the ladies go "awww". i think i will recommend to my instructor that mr. marker come lecture again next week, cause, y'know, kyoto is really important and stuff.....down with climate change!
today was my mom's b-day (happy birthday mom, may you live to be one hundred!!) and we went out to this restaurant that i really dislike, but she loves because they have yummy fish, but i just hate it so much because it has this scottish country club atmosphere and most of the people who go there are middle-aged and older and really snooty (surprised there were no st.paddy's drunks there), and honestly, not that great of a menu, i just ended up eating a regular, un-special burger.... she had fun though, and that's the most important thing, right?
for those who are interested...

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Cirus, thank yo
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