Summary Section Content 1Environmental regulation in Canada is a complex, multi-jurisdictional field. At BLG we can help your business navigate this framework, whether you deal directly in environmental matters, you need assistance to comply with regulations, you develop environmental management systems, are considering a major investment, or are completing soil and groundwater remediation projects. BLG’s Environmental Law Group can provide you with advice relating to real estate development, oil and gas, petrochemicals, pipelines, public and private power projects, water, natural gas, energy, oil sands, forestry, fisheries, municipal law, land expropriation, emissions, commercial transactions, resource development and applicable environmental protection and compliance law. Our Environmental Law Group has extensive experience in matters relating to: complex insurance and civil matters triggered by environmental claims; drafting and interpretation of environmental policies; obtaining approvals for projects subject to federal and provincial environmental assessment legislation; and structuring and management of environmental due diligence exercises. With the strength of a full-service law firm behind them, lawyers in the Environmental Law Group frequently work with their colleagues in other specialized areas, including energy, real estate, bankruptcy and litigation. Together, we can handle your complex commercial transactions, such as negotiation of brownfields acquisitions, divestitures, leasing, financings and re-development, as well as any litigation over contamination, environmental charges or compliance issues. Publications & Presentations Section Content 2 Download 'The 12th Annual BLG Environmental Law Update' (PDF, 6.90MB) Publications "Time Keeps Ticking: Implications of the New Undue Delay Framework on Regulatory Prosecutions", October 2017"BC Court of Appeal Rules that Contaminated Property Must Be Assessed Using Highest and Best Use ", October 2017"Due Diligence Defence for Vehicle Emissions Standards in Canada", October 2017"Federal Government Passes New Environmental Legislation", June 2017"Bill 139 — The Proposed End of the Ontario Municipal Board ", June 2017"Court of Appeal finds no Duty to Consult when Government Interprets Environmental Legislation Court of Appeal Dismisses Fort Nelson First Nation v. British Columbia (Environmental Assessment Office), 2016 BCCA 500", May 2017"Expert Panel Report on Environmental Assessments", May 2017"Application for Particulars of Charge Under Fisheries Act Denied", May 2017"The Québec Government Unveils its New Soil Protection and Contaminated Sites Rehabilitation Policy", April 2017"Adoption of Québec Bill 102: Modernizing the Environment Quality Act", March 2017"New Contaminated Sites Regulations Finally Arrive", November 2016"The New Federal Carbon Pricing Policy — Roadmap to a Pan-Canadian Energy Strategy?", November 2016"Case Study: Domovitch v. Willows, 2016 BCSC 1068", November 2016"Bill 102: A Major Reform for Québec's Environment Quality Act", November 2016"Bill 102: A Major Reform For Québec’s Environment Quality Act", August 2016"Proposed changes to B.C.’s contaminated sites legal regime", July 2016"Bill 104: A statute to increase the number of electric vehicles on the Québec market", June 2016"Shifting Environmental Liabilities after the Redwater Decision", May 2016"A New Regime Begins: The Water Sustainability Act Is Brought Into Force", March 2016"Consequences of the Mount Polley Dam Failure: Amendments to the Mines Act", March 2016"A new Waste-Free Ontario Act proposed by MOECC (Bill 151)", March 2016"Civil Right to Compensation for Spills under Section 99(2) of EPA Clarified", December 2015"Court of Appeal Affirms Polluter Pays Principle is Paramount", December 2015"Alberta's Power Play: Potential Changes Should Bring New Renewable Power Project Opportunities", November 2015"The 12th Annual BLG Environmental Law Update", November 2015"Legal Challenges to Site C Dismissed", October 2015"Assessing the Value of Brownfield Properties", October 2015"Environmental Appeal Board Revokes Company Water Licence", October 2015"Reporting “Historical” Contamination: Recent Developments in Manitoba and Saskatchewan", October 2015"Environmental Liability: Officers And Directors", October 2015"Liability Developments II: Other Persons In Care And Control", October 2015"Cap & Trade Systems For Greenhouse Gas Emissions — The Coming Harmonization of Ontario and Québec", October 2015"The Green Paper: Proposed Modernization Of Québec's Environmental Authorizations Regime", October 2015"Emerging Issues – Social Licence", October 2015"Have Your Say: BC Government Seeks Feedback on Proposed Water Sustainability Act Regulations ", August 2015"Changing The Face Of Hazardous Products: Aligning WHMIS with the GHS in Canada", July 2015"Private Parties Not Liable for Public Interest Costs", July 2015"All Aboard? US and Canada Announce New Joint Regulations for Rail Tank Car Safety Standards", July 2015"Target Practice? Federal Government Announces Proposed Greenhouse Gas Emission Levels", July 2015"Green Light Given for the Modernization of Québec’s Environmental Authorizations Regime", July 2015"Enlarged Scope of Distribution of Information Contained In Files Held By Québec’s Public Bodies", June 2015"Province Announces Bill 73 the “Smart Growth for Our Communities Act”", March 2015"Record Environmental Penalty: Fisheries Act Fines in Québec May Impact All", February 2015"Insolvency and Environmental Liabilities", February 2015"Through the Looking Glass: The Extractive Sector Transparency Measures Act Receives Royal Assent", February 2015"Dodging the Corporate Veil – Recent Attempts to Hold Companies Liable for the Actions of their Foreign Subsidiaries", February 2015"Wind Turbines and Health Issues?", November 2014"The 11th Annual BLG Environmental Law Update", November 2014 Presentations “Market Valuation: The Relationship Between Climate and Real Estate Valuation,” OEA Annual Fall Conference, October 24, 2008. “Market Valuation: The Relationship Between Climate Change and Real Estate Valuation,” Borden Ladner Gervais LLP, June 6, 2008. Rankings & Recognitions Section Content 3The Environmental Law Group or its members are recognized in:The 2016 edition of Chambers Global - The World's Leading Lawyers for Business.The 2017 edition of Chambers Canada - Canada's Leading Lawyers for Business.The 2017 edition of The Legal 500 Canada.The 2017 edition of The Best Lawyers in Canada®. The 2016 edition of the Canadian Legal Lexpert® Directory.The 2016 edition of Who’s Who Legal: Canada. Representative Work Section Content 4Project-based environmental approvals for major construction and energy projects, including commercial in situ oil sands SAGD and other oil & gas projects, and transmission and other electricity facility builds. Regina v. Northwest Territories Power Corporation, Territorial Court of the Northwest Territories, 2011 NWTTC 03. Counsel for NWTPC on charges of violating the Fisheries Act. One of the most significant environmental enforcement cases in northern Canada. Environmental due diligence for mine acquisition and financing. Advising project proponents on environmental assessment process requirements, timelines and mechanisms for process efficiency. Environmental issues on regional land-use planning and counsel for permitting issues. Counsel on environmental matters, including contaminated site issues, for one of Canada’s major integrated oil companies. Contaminated sites litigation for owners, prior owners, operators and neighbours, including for both plaintiffs and defendants. Environmental insurance coverage issues, including dispute resolution. Advice to excess insurer of Enbridge in the Michigan Oil Spill. 9250 Oak Street, one of BC’s largest contaminated sites matters: counsel to neighbouring landowner impacted by migrating coal tar contamination. Included multiple litigation actions and numerous Ministry Orders, a rare emergency order, and many appeals to the Environmental Appeal Board. Various aspects went to the Supreme Court of BC. Counsel to renewable energy developers (wind and solar) on environmental assessments and related appeals. Counsel to Government of Nunavut for environmental assessment hearings related to mine development in Nunavut. Counsel on Fisheries Act charges: acquittal of all charges following a 20-day trial. Regulatory compliance and defence of environmental prosecutions for a wide variety of industries. Sale, purchase and redevelopment of brownfield sites. Transaction advice on environmental due diligence, agreement terms and conditions, and risk-management strategies. Counsel to the property owner in a significant and historical contaminated site in Whitehorse, Yukon. Assisting on applications to regulatory authorities (Yukon Water Board, Yukon Environment, Environment Canada, and Department of Fisheries and Oceans) dealing with site remediation. Counsel on CN Railway v. A.B.C. Recycling Ltd., 2005 BCSC 647 and 1559, and 2006 BCCA 429: a precedent-setting case on the reasonably incurred costs of remediation under BC’s environmental legislation. Advised the Government of Alberta on regulatory, consultation and classification issues related to carbon dioxide and carbon capture and storage (CSS) project development.