Environmental Regulation & Disputes
Environmental law issues have significant implications for businesses and individuals.
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.
Did you know that Harper Grey publishes the Canadian Environmental Law Blog? Stay current with new case law and emerging issues – read more here.
Environmental Regulation & Disputes Services
- Representation in litigation involving environmental issues and regulations.
- Representation before tribunals such as the Environmental Appeal Board.
- Legal opinions - analysis of risk before and after decisions are made. Includes interpretation of how legislation such as the Contaminated Sites Regulation and Environmental Management Act apply to your situation.
- Brownfield development - compliance with legislation and regulations, and risk analysis.
- Contaminated sites - site assessments, investigations, remediation, certificates of compliance.
- Consultant liability - representing environmental consultants accused of negligence through professional errors and omissions insurance.
- Commercial real estate - purchase, sale and development of contaminated or high-risk land such as gas stations and wood treatment facilities. Includes expropriation issues.
- Aboriginal land issues relating to purchase and development of contaminated territory and risk mitigation.
- Creditor issues - representing banks and lenders dealing with contaminated land.
- Directors and officers liability – determining and limiting individual responsibility for environmental offences, negligence or accidents.
- Hazardous waste management - outlining requirements for transportation, disposal, storage, treatment and management of industrial and toxic waste.
- Insurance clauses - property and business policies may carry some form of coverage relating to environmental damage. There are often exclusions for certain types of pollution. Policies can also be triggered by certain occurrences.
- Lease disputes - environmental indemnities, waste provisions, "clean” provisions, lease termination, tenant obligations, owner protection from liability.
- Migration of contaminants - pollution typically crosses water, air and land space controlled by several parties. You will want to ensure that your proportion of responsibility is minimized.
- Municipal issues - permits, zoning, subdivision development requirements, Site Profiles and occupancy. Municipalities work with the Ministry of Environment to ensure that land is remediated before it's developed. Compliance from the outset is essential to a smooth process.
- Quasi-criminal offences and prosecutions. Representation against charges under the Environmental Protection Act, CEPA, the Fisheries Act and the Migratory Birds Act.
Practice Group Partners
Richard E. Bereti* Partner 
Drew Lawrenson* Partner 
Typical Situations
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
Post-amalgamation environmental liability
Successfully advised a group of major corporations on a liability-sharing arrangement following their amalgamation, where the pre-amalgamation entities carried historic environmental liability.
Challenging the Ministry of Environment
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.
Remediation and development
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
Conducting Judicial Review proceedings before the British Columbia Supreme Court in an environmental matter.
Co-counsel for a corporation
Co-counsel for a corporation dealing with quasi-criminal offences under the Wildlife Management Act.
Co-counsel for a pension plan that owns a significantly contaminated property on Vancouver Island
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
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
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
Acting for an international distributor in defence of various charges under the Ozone Depletion Regulation.
Lead counsel for CN Rail in an influential decision
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
Counsel for a municipality seeking standing to challenge aspects of certificates of compliance impacting municipal land.
Counsel for Morguard in Environmental Appeal Board decision
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.
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