The Port Huron Times Herald had an update last week on the pollution trial in which DTE is accused of violating Canadian laws via pollution from a U.S. plant:

The company consistently has questioned Canadian jurisdiction over the Michigan power plant since proceedings began in March 2007.

Justice Deborah Austin ruled in July that a trial summons delivered to the president of a DTE subsidiary in Hamilton was sufficient. 

Thursday was the first time a lawyer representing DTE had appeared in court.

A date for the legal argument was not set, but it could be next year, the court was told.

It’s rare to see an American company charged under Canadian environmental law,  a law professor has said.

Chi Carmody, a director of the Canada-United States Law Institute, said the case is of interest to legal experts. 

DTE operates two coal-fired power plants on the American side of the St. Clair River in East China Township near Courtright, Ontario.

Scott Edwards, legal director for the Waterkeeper Alliance, charged the company as a private citizen with a 2005 Fisheries Act violation.

He alleges the plant emits 2,000 pounds of mercury annually that adversely affects Canadian fish habitat.

DTE representatives have stated the plant operates in full compliance with state and U.S. federal regulations while investing in emission-reduction technology.

http://www.thetimesherald.com/apps/pbcs.dll/article?AID=/20080829/NEWS01/808290310/-1/NEWSFRONT2

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