The case involves a judicial review of the Canadian government's decision to add "Plastic Manufactured Items" (PMI) to the List of Toxic Substances under the Canadian Environmental Protection Act (CEPA).
The Responsible Plastic Use Coalition (RPUC) and other applicants from the plastic industry challenged this decision, arguing it was unreasonable and unconstitutional.
Issues and Court’s Decision:
The court examined several issues, including:
Whether the Order to add PMI to the List of Toxic Substances was unreasonable.
Whether the refusal to establish a Board of Review to assess risks associated with PMI was unreasonable.
Whether the Order was unconstitutional as being outside federal jurisdiction.
The decision of the court on these issues is detailed in the document.
Analysis:
The court’s analysis included assessing the statutory scheme of CEPA, the reasonableness of the government's decision, and constitutional aspects relating to federal jurisdiction.
Conclusion:
The document concludes with the court's findings and implications for the listing of PMI under CEPA and the broader regulatory framework for managing plastic pollution in Canada.
