Richard Bereti is Chair of the Environmental Law Practice Group.  Richard provides advice on liability issues arising under the Environmental Management Act, the Contaminated Sites Regulation and other provincial and federal environmental statutes. His advice is geared toward industry and addresses issues relevant to owners of industrial or formerly industrial property, commercial and industrial enterprises of all sizes, parent companies, subsidiaries, and directors and officers. Richard has negotiated extensively with government agencies, and appears before the courts and Environmental Appeal Board.  Richard has handled cases in Alberta and the Yukon Territory.

Representative Client Work

• Acting as lead counsel for CN Rail in Beazer East, Inc. et al. v. British Columbia (Environmental Appeal Board), a leading case of the British Columbia Supreme Court interpreting the key provisions of the former Waste Management Act (now the Environmental Management Act) and the Contaminated Sites Regulation, including the examination of "responsible person" status of historic owners and operators in the context of parent/subsidiary and corporate successor liability
• Representing CN Rail in Beazer East, Inc. et al. v. Assistant Regional Waste Manager, a leading decision of the British Columbia Environmental Appeal Board, which contains a comprehensive interpretation of the former Waste Management Act in the context of one of the most significant contaminated sites in British Columbia
• Representing a major energy company in Lawson v. Deputy Director Waste Management et al., a leading decision of the Environmental Appeal Board respecting the responsibility of individual directors, officers and employees for corporate contamination
• Representing a major energy company in No. 158 Seabright Holdings Ltd. et al v. Imperial Oil Limited et al, a leading case of the British Columbia Supreme Court (enshrined in amendments to the former Waste Management Act and the new Environmental Management Act) addressing the preconditions that must be met before bringing an action to recover costs of remediation
• Representing a Pension Plan in complex, multi-party litigation dealing with historic contamination, source identification and migration
• Acting for environmental consultants alleged to have been negligent, and counselling such consultants respecting the contracts they rely on to protect themselves from lawsuits
• Pursuit in the civil courts of potentially responsible parties on behalf of companies who have incurred costs of remediation, as well as the defence of companies sued for such costs
• Handling Judicial Review proceedings before the British Columbia Supreme Court
• Negotiation with provincial and federal regulators on behalf of industry in the determination of liability and the appropriateness of government-ordered remedial measures, as well as the preparation of related written and oral submissions
• Advising corporations responsible for oil spills and mine-related contamination, corporate land owners and tenants allegedly responsible for contamination, corporations involved in negotiating environmental provisions in real property, share and asset transactions, as well as corporations assessing environmental risk related to their activities and corporate structure/governance
• Drafting and providing advice regarding contracts, leases, indemnities, and releases
• Instructing environmental consultants on all aspects of the remediation of contaminated sites, from initial investigation through risk assessment, pilot studies, and implementation of remedial measures
• Preparation of expert witnesses regarding soil, surface water, groundwater, drinking water, and air contamination, as well as noise, human health and wildlife/habitat issues
• Analysis and comparison of environmental legislation and jurisprudence from various Canadian and international jurisdictions

Speaking Engagements

• Recently appointed adjunct professor teaching Environmental Law, University of British Columbia Faculty of Law
• Frequent speaker and writer, various environmental conferences
• Frequent writer, numerous publications and legal bulletins
• Presenter, BC Business Council Environmental Law and Policy Forum for BC Business
• Presenter, Insight Conferences on environmental issues
• Chair, Pacific Business & Law Institute Contaminated Sites Conference 2005
• Presenter, Canadian Bar Association Environmental Law Subsection
• Presenter, Law Society’s Continuing Legal Education program

Professional & Civic Activities

• Author, 2007 Edition of BC Environmental Management Legislation & Commentary
• Author, 2006 Edition of BC Environmental Management Legislation & Commentary
• Member, National Brownfields Association
• Member, Canadian Bar Association British Columbia, Environmental, Civil Litigation, Forestry, and Natural Resources Subsections
• Member, Canadian Bar Association, National Environmental Energy and Resources Law Section

Background

Born in Regina, Saskatchewan, Richard lives in Vancouver and enjoys playing with his new baby boy, making furniture and playing the guitar and violin.