Tag Archives: federal court

Ocean polluters seek to have convictions overturned

A father-son team that was convicted of polluting Puget Sound and the ocean have asked a judge to toss their convictions. In Seattle federal court on Friday, Bingham Fox asked the judge to throw out his conviction for violating the Clean Water Act.  His attorney accused the government of “prosecutorial misconduct.” Fox and his son Randall Fox were convicted of pumping oily bilge water from their 80 fishing vessel “Native Sun.” A deckhand provided the US Coast Guard with a video showing a makeshift pump that pumped engine oil overboard while the vessel was in Blaine harbor. Federal law requires commercial vessels to filter out engine oil and dispose of it properly on shore, which costs time and money. click here to read the story 09:12

Marine Harvest Canada appeals recent aquaculture regulations court decision

The company cites errors in fact and law as grounds for the appeal. The appeal has been filed on a number of grounds, including significant factual errors Justice Rennie made in his findings, according to a Marine Harvest press release. In its appeal, the company says that Justice Rennie erred in law by not placing the evidentiary onus on the applicant to show that the aquaculture license conditions were unreasonable, and the judge applied the wrong standard of review, replacing the Minister of Fisheries’ view of what may be harmful with his own.  Read the rest here 20:33

Feds to re-open herring fishery, over scientist and Aboriginal objections

A federal court struck down a legal attack by coastal B.C. First Nations attempting to overturn the federal Conservative fishing minister’s decision to re-open herring fisheries in coastal waters. Controversially, the court heard that Minister Gail Shea, a Conservative MLA from PEI, made the decision against the views of her own federal scientists. The Minister was not immediately available for comment late Friday. Read the rest here 22:55