Attorney General of Canada et al v. Responsible Plastic Use Coalition et al
Attorney General of Canada, Minister Environment and Climate Change, Minister of Health
Responsible Plastic Use Coalition, Dow Chemical Canada ULC, Imperial Oil, a Partnership, by Its Managing Partner Imperial Oil Limited, Nova Chemical Corporation
Attorney General of Saskatchewan
Nova Chemical Corporation
Law Firm / Organization
Torys LLP
Lawyer(s)

Andrew Bernstein

Attorney General of Alberta
Law Firm / Organization
Attorney General of Alberta

- Parties: The appellants were the Attorney General of Canada, Minister Environment and Climate Change, and Minister of Health. The respondents were Responsible Plastic Use Coalition, Dow Chemical Canada ULC, Imperial Oil, a Partnership, by Its Managing Partner Imperial Oil Limited, Nova Chemical Corporation, the Attorney General of Saskatchewan, Nova Chemical Corporation, and the Attorney General of Alberta.

- Subject Matter: This appeal sought to set aside the judgment. The judgment granted the respondents' judicial review application and retroactively quashed and declared invalid and unlawful as of Apr. 23, 2021 the Order Adding a Toxic Substance to Schedule 1 to the Canadian Environmental Protection Act, 1999. This order added “plastic manufactured items” to the List of Toxic Substances in Schedule 1 of the Canadian Environmental Protection Act, 1999 (CEPA). This case is ongoing.

- Date: The hearing was set on June 25, 2024.

- Venue: This was a federal case before the Federal Court of Appeal.

- Amount: No financial award was specified.

Federal Court of Appeal
A-337-23
Environmental law
08 December 2023