Environmental Law Group

At Borden Ladner Gervais LLP our approach to the practice of environmental law is multi-disciplinary and comprehensive.  We are committed to the provision of timely and efficient service to our clients in all areas of environmental compliance, civil and regulatory disputes, and transactional work.

Our Services

The Environmental Law Group of Borden Ladner Gervais LLP draws upon the diverse range of practice orientations and experiences in each of our regional offices.  For example, our Vancouver office has expertise in forestry matters and Fisheries Act issues.  In Calgary and Toronto, we have leading practitioners in the fields of energy regulation, municipal law, insurance litigation and land expropriation. All our offices also have strong commercial practices with experience in the environmental aspects of acquisitions, financing and re-organizations.

Our Experience

Environmental Compliance

  • We assist clients in both the private and public sectors in reviewing compliance, developing environmental management systems, and completing remediation projects.
  • Members of our Group have advised on the remediation of complex soil and groundwater contamination, the regulation of water and air emissions, the import/export and transport of regulated substances, and the approval of engineered processes.

Litigation

  • Across Canada, we have acted as defence counsel in prosecutions under various regulatory statutes, including the federal Fisheries Act, the federal Transportation of Dangerous Goods Act, the Environmental Protection Act (Ontario), the B.C. Environmental Management Act, and the Québec Environment Quality Act.  We also provide representation before a number of regulatory and quasi-judicial tribunals such as the Environmental Appeal Board (Alberta, and B.C.), the Environmental Review Tribunal (Ontario), the B.C. Forest Appeals Commission, the National Energy Board, the Alberta Energy and Utilities Board, the Tribunal Administrative du Québec, the Bureau des Audiences Publiques du Québec ("BAPE"), and the Québec Municipal Commission.
  • Members of our Group also act in complex, civil matters arising from pollution occurrences which result in property damage and personal injury.  Our firm is a recognized leader in disputes involving insurance claims, forestry disputes (including environmental protests), litigation involving the costs of clean-up of contaminated sites, and class action suits.

Transactions

  • Many members of our Group are experienced transactions lawyers, with expertise in the negotiation of complex acquisitions, divestitures and financings, and a full range of real estate transactions including brownfields acquisitions and re-development, leasing and financings.  We are frequently called upon to structure and manage comprehensive environmental due diligence exercises on a national basis.  Our experience in this area assists in formulating practical and innovative business solutions to environmental issues that make transactions work for our clients.

Insurance Coverage

  • We act as counsel in respect of insurance coverage issues triggered by major environmental claims across Canada.  We have provided coverage opinions arising out of contamination of large industrial sites, landfill facilities, major flooding events, asbestos claims, industrial explosions and other major events with significant adverse environmental consequences, from British Columbia to Nova Scotia. 
  • We have acted for lead Canadian coverage counsel in a multi-billion dollar claim by a major oil company arising out exposure to environmental claims at hundreds of sites throughout North America.  We have also litigated coverage disputes at all levels in our Courts. We are experienced in drafting and interpreting general commercial and specialized environmental policies

Project Approvals

  • We have an extensive practice representing oil and gas companies, petrochemical manufacturers, federally and provincially regulated pipeline companies, government and privately owned electric, water and natural gas utilities, First Nations and individuals in broad range of resource development and energy-related applications and proceedings.
  • Our Group has substantial experience advising and acting for proponents in obtaining environmental approvals for projects subject to federal and provincial environmental assessment legislation.  Our work has included representing proponents of thermal and hydro electric generating stations (including cogeneration and combined cycle plants), electric transmission lines, petrochemical plants, upstream oil and gas facilities (including exploratory and production wells, gathering pipelines, oil batteries and gas plants), oil sands development facilities, and oil, high vapour pressure natural gas liquid and natural gas pipeline facilities (including pump and compressor stations, storage facilities, transmission pipelines and distribution systems).  We have also acted for affected parties with respect to these types of projects, such as corporations, First Nations and individuals.

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