Environmental

Our extensive experience with environmental law issues derives from our work with diverse industries. We have provided environmental impact assessment, liability and due diligence advice on a number of mining, forestry, oil and gas, chemical and heavy industries, as well as light industrial and commercial facilities, and non-industrial undertakings. Our work in the area also involves advising on contaminated sites liabilities, site remediation and transporting hazardous materials.

We provide legal advice on environmental compliance and successor liability, and counsel our clients about the environmental risks associated with mergers and acquisitions. We assist in negotiating an appropriate allocation of the risks (and costs) that environmental liabilities may present.

We have developed due diligence systems and policies (including environmental audit programs), provided ongoing advice on environmental regulatory requirements, and conducted in-house client seminars. Should it become necessary, our lawyers provide effective representation litigating claims involving environmental issues and disputes. We have experience in defending environmental offences and prosecutions, and our lawyers are fully capable of providing prompt and sound counsel from the onset of an environmental investigation or incident. We know the importance of dealing with sensitive matters in a timely and discrete manner, and we work diligently to help clients avoid the cost and stigma of a protracted investigation and hearing process.

We have also represented clients in project applications before regulators and have specific knowledge on hearing processes and the review of environmental assessments before regulators.

• Closely involved as a core team member in Saskatchewan’s recent and groundbreaking move to a results-based system of environmental regulation.
• Representing clients before the Alberta Energy Regulator on compulsory pooling, acid gas injection and well license transfer issues.
• Representing clients before the National Energy Board on pipeline and electricity related applications.
• Counsel to natural gas producer in coalbed methane entitlement hearing.
• Lead counsel on Alberta Surface Rights Board hearings dealing with reclamation and contamination issues.
• Advising a carbon offset aggregator on the legal structure of an aggregation business and the purchase and sale of offsets in the Alberta GHG regulatory market.
• Advising a local government on a private public project approach to carbon finance of a 2.2 million hectare protected area in Indonesia, supporting negotiation of key business concerns and transaction documentation.
• Defence counsel to a publicly-traded mining corporation on a significant Fisheries Act (Canada) prosecution.
• Defence counsel to a junior exploration company on a prosecution under The Environmental Management Protection Act, 2002, The Clean Air Act and The Forest Resources Management Act.
• Advising a municipality in connection with the environmental licensing for a major construction project and related contaminated sites issues.
• Representing clients who have been designated as “potentially responsible persons” under The Contaminated Sites Remediation Act (Manitoba).
• Defence counsel to a publicly-traded mining company and its executives on a significant Fisheries Act (Canada) prosecution.
• Successfully defended a publicly-traded forestry company on charges laid against it under the Forest Act (Manitoba) and Crown Lands Act (Manitoba).