"Consultant Liability: Are Environmental Consultants Really “Exempt” from Liability when Working on Contaminated Sites?", Environmental Law Bulletin Harper Grey LLP
October 2004Consultant Liability: Are Environmental Consultants Really "Exempt" from Liabilty when Working on Contaminated Sites?
Paper by Richard E. Bereti Harper Grey LLP and Jonathan Corbett formerly of Harper Grey, October 2004
Environmental consultants are front-line players in the clean-up of contaminated sites in British Columbia. Consulting firms and their individual consultants are hired to carry out investigations and remediation for the benefit of landowners, on-site operators, and governments, as well as for the community and the environment. As a result of this key role in the fight against environmental degradation, the provincial government has extended protections to consultants in order to reduce their potential liability for clean-up activities on contaminated sites.
Unfortunately, the so-called consultant “exemption” - which is contained in the Environmental Management Act (EMA) - is not an absolute exemption from liability. The exemption is qualified and, when coupled with a decision of the Environmental Appeal Board, places environmental consulting firms and their individual partners, directors, officers, and employees at risk of facing liability far in excess of that which a negligent professional might normally face. The problem with the exemption is that it does not apply if the consultant is negligent in carrying out a clean-up. Consultants could thus face liability as “operators” under the EMA, and find themselves exposed to the same potential liability as the actual polluter of the site.
(To read more please click on the link below)
