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Environmental Law Practice Group

Environmental
Practice

Practice Profile

Alexander Holburn Beaudin & Lang LLP’s Environmental Practice has extensive experience addressing a wide variety of environmental law issues.  For example, we regularly appear as counsel on remediation disputes before the British Columbia Supreme Court and the Environmental Appeal Board, advise on environmental aspects of the purchase or sale of property, and provide emergency response on-site when an environmental incident occurs.

Our client base includes: 

  • Industrial clients in the natural resource sector including mining, forestry and energy companies;
  • Corporate clients and their in-house counsel;
  • Financial service providers;
  • Hospitals;
  • insurers; as well as
  • Individuals who need help dealing with an environmental issue or dispute.

Our proven abilities in all aspects of environmental law are reflected in the confidence shown in us by our clients.  For all of our clients, we seek to provide solutions-oriented advice and responsive client service delivered in a cost-effective manner.

Emerging Issues

Canadian environmental legislation and case law is evolving rapidly.  Our practice group tracks developments in federal and provincial environmental legislation and the courts that could potentially affect our clients.  We regularly provide advice, assistance and representation on a diverse range of emerging environmental issues including:

  • Contaminated Sites;
  • Emergency response;
  • Pollution and nuisance complaints;
  • Insurance issues;
  • Acquisitions; and
  • Risk management and directors and officers liability; and
  • Environmental offences.

Contaminated Sites

Many of our clients face issues arising under the Environmental Management Act and its regulations regarding contaminated sites.  We assist clients in understanding their rights and obligations under this key piece of environmental legislation.  Our experience means we can efficiently and effectively create appropriate strategies for handling the remediation of contaminated sites and lessen the impact on our clients.  Our expertise in this area includes:

  • Defending against and dealing with Remediation Orders including the negotiation and drafting of remediation agreements;
  • Interpreting and explaining directives from environmental authorities;
  • Conducting stake holder’s meetings;
  • Pursuing actions for the recovery of costs incurred in cleaning up contaminated lands;
  • Obtaining Approvals in Principal and Certificates of Compliance;
  • Representing clients in matters before the Courts and the Environmental Appeal Board; and
  • Obtaining Allocation Panel opinions.

Emergency Response

We are equipped to provide immediate on-site help and advice to clients when an environmental emergency or incident occurs.  We are able to act as an effective liaison with government officials, witnesses, affected neighbours, clean-up personnel and others to help clients minimize environmental damage and any repercussions to the client that may result from the incident.  Members of our group periodically attend emergency response training sessions to maintain and foster their response skills.

Pollution and Nuisance Complaints

We frequently advise clients on a variety of pollution complaints including spills, discharges of hazardous materials and general nuisance claims related to noise and smells alleged to be caused by a client’s business activities or to come from a client’s premises.

Acquisitions

Our group advises and assists clients in the acquisition and disposition of companies and properties when potential environmental problems are an issue.  Services we routinely provide include:

  • Conducting due diligence investigations and searches;
  • Negotiating and drafting purchase and sale agreements; and
  • Preparing effective indemnity or other agreements to identify, allocate and mitigate any risks associated with environmental contamination

Environmental Offences

The Supreme Court of Canada has said that managing the continued expansion of resource utilization and consumption with the goal of sustaining the integrity of the environment is the most significant challenge facing modern society.

This challenge is being met, in part, by the passage of new criminal and regulatory legislation, both on the federal and provincial level, importing standards of absolute and strict liability where damage to the environment has occurred.

In circumstances where federal or provincial environmental authorities take criminal or administrative action against a company or its representatives, we provide advice and representation to defend and protect our client’s interests.

Representative Matters

  • Defended company against charges brought under federal Fisheries Act respecting alleged deposit of deleterious substances in Burrard Inlet.
  • Appeared before the Environmental Appeal Board to set aside a Remediation Order.
  • Negotiated a host of multi-party site remediation agreements involving provincial regulatory authorities, municipalities, landowners and other stakeholders.
  • Developed evidence in a civil proceeding concerning lead-isotope technical analysis to permit conclusive dating of gasoline and other contaminants.