Environmental legislation and regulation require you to anticipate future issues. This can be daunting.
Clients seek our advice on a wide range of environmental issues from contaminated sites to corporate governance. Our senior, experienced counsel provide a practical approach to the most complex environmental matters.
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Environmental Regulation & Disputes Services
Practice Group Partners
Richard E. Bereti*
Partner
Drew Lawrenson*
Partner
Christopher Rusnak, KC*
Partner
A commercial real estate developer wants to build a shopping centre on a lot currently occupied by a gas station. Land inspections and remediation must be done, and permits need to be acquired. Ministry requirements and liability for any contamination need to be sorted out.
A municipality discovers that vapours from a landfill are causing respiratory problems in an adjacent neighbourhood.
A landfill operator needs advice establishing and maintaining compliance with Ministry requirements.
A train derails near a provincial park. Liquid propane is spilled, contaminating land and causing major financial loss to the rail company, the companies selling and buying the propane and the province. Insurance will cover some of the damage, but citizens are concerned about clean-up and lasting effects.
Select Cases
Successfully advised a group of major corporations on a liability-sharing arrangement following their amalgamation, where the pre-amalgamation entities carried historic environmental liability.
Successfully challenged before the Environmental Appeal Board a decision of the Ministry of Environment refusing to grant a certificate of compliance, notwithstanding the existence of contamination discovered off-site.
Advised the developer of a significant contaminated site impacting many neighbouring property owners, which cleared the way for large scale development.
Conducting Judicial Review proceedings before the British Columbia Supreme Court in an environmental matter.
Co-counsel for a corporation dealing with quasi-criminal offences under the Wildlife Management Act.
Issues addressed included historic contamination, source identification and migration. Involved a week-long mediation involving 17 counsel for parties involved and over eight years of negotiation.
Representing an energy company in litigation that addressed the preconditions to cost recovery actions, 158 Seabright Holdings Ltd. et al v. Imperial Oil Limited et al.
Representing an energy company in a matter before the Environmental Appeal Board regarding the responsibility of individual directors, officers and employees for corporate liability, Lawson v. Deputy Director Waste Management et al.
Acting for an international distributor in defence of various charges under the Ozone Depletion Regulation.
Lead counsel for CN Rail in a matter considered one of the most influential decisions regarding “responsible person” status of historic owners/operators of contaminated sites, Beazer East Inc., et al. v. British Columbia.
Counsel for a municipality seeking standing to challenge aspects of certificates of compliance impacting municipal land.
Counsel for Morguard in the Environmental Appeal Board decision Morguard v. Ministry of Environment which addressed numerous issues surrounding the Ministry’s authority to reject certificate of compliance applications.
The Latest
