In the World

• Date: 01 December 2024

122024 ENVIRONMENTAL LAW REPORTER 54 ELR 11091

requirements in the State Water Control Law. See 41 Va. Reg.

Regs. 518 (Oct. 7, 2024).

e Board of Health adopted amendments to regu lations

governing private wells. e amendments, a mong other

things, revise and add denitions, revise ad ministrative pro-

cesses to reect cu rrent law, clarif y grout materials, revise well

abandonment protocols, revise construct ion standard exemp-

tions, and establish qua lity and procedural standards. See 41

Va. Reg. Regs. 531 (Oct. 7, 2024).

e Water Control Board proposed amendments to rules

concerning sewage c ollection and treatment. e amend-

ments would add a requirement for permitted sewage treat-

ment works located within the Chesape ake Bay Watershed

to report all septic system s or other on-site sewage disposal

systems taken o ine and connected to sewage collection

systems. Comments are due December 20, 2024. See 41 Va .

Reg. Regs. 634 (Oct. 21, 2024).

e Board of Health adopted regulat ions governing rain-

water harvesti ng systems. e regulat ions establish the rela-

tionship with the statutes a nd regulations applicable to other

agencies to avoid duplication of regulatory oversight for both

nonpotable and potable uses of harvested rainwater for us-

ers below the threshold of qualif ying as a water works, and

establish administrative processes for permitting, inspecting,

and issuing constr uction and operation permits for intended

potable rainwater harve sting systems, a long with appropriate

exemptions from the regulation. See 41 Va. Reg. Regs. 637

(Oct. 21, 2024).

WASHINGTON

WILDLIFE

e Department of Natural Re sources (DNR) proposed new

rules concerning com mercial nsh net pen aquaculture. e

rules would bar any f uture commercial nsh net pen aqua-

culture uses on DNR-managed, state-owned aquatic lands.

See https://lawlesext.leg.wa.gov/law/wsr/2024/20/24-20-

146.htm (Oct. 2, 2024).

In the World

“In the World” features notable developments repor ted in the international section of ELR Update during the month of

October 2024. Current and archived materials, and links to primar y news sources, can be found on ELR’s website at

https://elr.info/international/international-update.

CLIMATE CHANGE

CANADIAN COURT REVIVES YOUTH CLIMATE

LAWSUIT

A Canadian court issued a signicant ruling in favor of

young climate activists, revitaliz ing their lawsuit aga inst the

Ontario government for not adequately addressing climate

change (E&E New s, Reuters). e Ontario Court of Appeal

found that a lower court incorrectly r uled the province was

not legally obligated to take specic actions against climate

change. e appellate cour t emphasized that by enact ing a

2018 climate law, Ontario as sumed a positive obligation to

combat climate change (E &E News, Reuters). e case, ini-

tiated by seven individuals aged 17 to 29, was the rst hu-

man rights-based c limate lawsuit in Canad a to be heard on

its merits (Reuters).

While the cour t did not address the merits direct ly, it or-

dered a new hearing to explore constitutiona l issues and

whether the province’s rollback of climate targets v iolated

Indigenous rights (E&E Ne ws, Reuters). e Ontario gov-

ernment argued that its cli mate actions were not subject to

the Canadian Charter of Rights and Freedoms. However,

the lawyers for the youth mai ntained that the government

must align its climate response with the charter’s standa rds

(E&E News, Reuters).

e lawsuit was prompted by Ontario’s reduction of ambi-

tious greenhouse gas t argets set prior to Premier Doug Ford’s

tenure. Activists argued the rollbacks jeopardize the rights

of youth and future generations (E&E Ne ws, Reuters). e

recent ruling was se en as a critical step toward holding t he

province accountable for its climate actions, a nd it reects a

broader trend of climate litigation worldwide, where courts

are increasingly recognizing the rights of citi zens in the con-

text of climate change.

Copyright © 2024 Environmental Law Institute®, Washington, DC. Reprinted with permission from ELR®, http://www.eli.org.