Officially induced error
A popular defence to environmental charges has always been, but the government said I could! Two recent cases illustrate the limits of this defence, and its danger for municipalities.
MVCA Case
The first case, Maitland Valley Conservation Authority v. Cranbrook Swine,1 was another of the many contests between municipal and environmental agencies, and a factory pig farm. Cranbrook applied for a building permit to construct a 120-foot manure storage tank in a wet area. The
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