Environmental Law

Environmental Alert: Remediation legal costs are recoverable under the Environmental Management Act

The B.C. Court of Appeal recently released a significant decision for those seeking to recover legal costs incurred in remediating contamination on their property.

In Victory Motors (Abbotsford) Ltd. v. Actton Super-Save Gas Stations Ltd., the appellants were the current owners of two properties in Abbotsford that had undergone remediation. The respondents were the historical owners and operators of a gasoline service station where the contamination had originated from.

Underground Oil Storage Tanks – Post-Removal Steps

If an underground oil storage tank (“UST”) was removed from your property, there are certain steps you can take to protect yourself, your family, and your investment.

The UST may have already rusted, corroded and leaked furnace oil, causing soil and groundwater contamination. Contamination from the UST can affect the health and safety of your family. It can also affect the market value of your property.

Environmental Alert: Environmental Appeal Board determined that a Certificate of Compliance, based on risk-based standards, is a permanent remediation solution under the Environmental Management Act

The Environmental Appeal Board’s 2018 decision in the captioned case will be of interest for those parties seeking to remediate a contaminated site to risk-based remediation standards and obtain a risk-based Certificate of Compliance (CofC) as a permanent solution to remediate a contaminated site.
AG11 – Communicating about Migrating Contamination

Communication is key when contaminants migrate from one property (the “source” property) to a neighbouring property (the “affected” property).
The Ministry of Environment (MOE) sets out communication requirements for parties managing migrating contamination in its guidance document Administrative Guidance 11 (AG11).

Environmental Law in BC – FAQ’s about contaminated sites and certificates of compliance

If you were involved in the remediation of a contaminated site, you should consider obtaining a certificate of compliance for the property. Similarly, if you are contemplating the purchase of a remediated property, you may wish to request a certificate as assurance that the contamination has been remediated.

Environmental Alert: BC Court Certified a Class Action resulting from an environmental spill

In 2017 the BC Supreme Court certified a class action by residents who allege they were affected by a spill of jet fuel in the West Kootenay region of British Columbia.

Managing a Contaminated Site: Lessons Learned

Strategies to practice environmental diligence and manage contaminated sites responsibly.

Underground Oil Storage Tanks – A Property Owner’s Guide

If your home, townhouse or condominium was built before 1970, there may be an underground oil storage tank (“UST”) on your property.

Defending a Cost Recovery Action

The author reviews considerations for parties defending a claim for the remediation of a contaminated site.

Contaminated Soils Litigation: Cost Recovery Actions under the Environmental Management Act and the Common Law

This paper outlines the process of cost recovery actions for the cost of remediating contaminated soils in British Columbia. Leading cases in environmental law (such as Gehring v. Chevron, 2006 BCSC 1639) as well as the British Columbia Environmental Management Act are discussed.

Remediation Cost Recovery Actions

If I have incurred remediation costs to clean up contamination on my property, can I recover those costs?  The answer is a resounding yes.

When should a property owner conduct a contaminated site investigation?

If you own real property and you would like to sell it, or you are contemplating a rezoning application, or re-development, you should be aware of your responsibilities under the Environmental Management Act (“EMA”), which regulates contaminated sites in British Columbia. You may be required to prepare and submit a site profile and if necessary, carry out environmental investigations on your property.



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