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British Columbia Environmental Management Legislation & Commentary, 4th Edition
This unique publication explains the legal principles that govern contaminated sites management in British Columbia, and includes an overview of the British Columbia Environmental Management Act, the Contaminated Sites Regulation and key compliance and practice issues.
Publication Language: English
Published: May 02, 2016
Publisher: LexisNexis Canada
A practical guide to the law of contaminated sites management in B.C.
This unique publication explains the legal principles that govern contaminated sites management in British Columbia, and includes an overview of the British Columbia Environmental Management Act, the Contaminated Sites Regulation and key compliance and practice issues.
A must have resource for practitioners, property owners, developers, and environmental consulting industry, the text offers a detailed discussion concerning contaminated site redevelopment, recovery of costs of remediation, key regulatory instruments, and director's orders, prepared by two environmental law experts from Harper Grey LLP in Vancouver, Richard Bereti and Una Radoja.
Features:
- Detailed discussion of the principles, key concepts, the legal framework and practice
- Up-to-date environmental management legislation including the full text of the British Columbia Environmental Management Act and its companion Contaminated Sites Regulation
- A table of concordance comparing Part 4 (Contaminated Site Remediation) of the Act to its equivalent section under the predecessor legislation
Highlights in This Edition
The fourth edition of British Columbia Environmental Management Legislation & Commentary includes discussion of pertinent issues, including:
- New and important case law dealing with cost recovery actions under the Act
- Detailed overview of Part 4 (Contaminated Site Remediation) of the Act
- Contaminated Sites Redevelopment
- Pollution prevention and abatement orders
- Approvals in Principle and Certificates of compliance
- Wide Area Sites
- Overview of environmental torts in the context of contaminated sites
An Important Resource
- Environmental law practitioners who advise on interpretation of legislation and compliance, and remediation issues
- Real estate owners and developers seeking to understand their responsibilities and potential liabilities for land or property on contaminated sites that they own or operate on
- In-house counsel who advise their corporations on contaminated land investigation, remediation and development
- Environmental consultants
About the Author
Acknowledgments
Detailed Table of Contents
Legislative Currency
Table of Cases
Commentary
Chapter 1 Introduction
Chapter 2 The "Polluter Pay" Principle
Chapter 3 Identification of Contaminated Sites
Chapter 4 Wide Area Sites
Chapter 5 Remediation of Contaminated Sites
Chapter 6 Approvals in Principle
Chapter 7 Certificates of Compliance
Chapter 8 Approved Professionals
Chapter 9 Contaminated Soil Relocation
Chapter 10 Responsible Persons
Chapter 11 Responsible Persons under the Contaminant Migration Section
Chapter 12 Persons Not Responsible for Mediation – The Exemptions
Chapter 13 Absolute, Retroactive, Joint and Separate Liability
Chapter 14 Statutory Cost Recovery Action
Chapter 15 Allocation
Chapter 16 Minor Contributors
Chapter 17 Limitation Periods
Chapter 18 Remediation Orders
Chapter 19 Pollution Prevention and Abatement Orders
Chapter 20 Appeals and Judicial Review
Chapter 21 Contaminated Site Redevelopment
Chapter 22 Insurance and Environmental Liability
Chapter 23 Environmental Torts
Chapter 24 Strict Liability Doctrine
Chapter 25 Environmental Torts in the Context of Sale of Contaminated Sites
Chapter 26 Recent and Forthcoming Developments
Chapter 27 Conclusion
Table of Concordance
Environmental Management Act
Contaminated Sites Regulation (B.C. Reg. 375/96)
Table of Regulations Under the Environmental Management Act
Index
