Environmental Defence

Environmental incidents happen despite best efforts to prevent and detect issues. Pipelines or facilities may corrode prematurely or automatic shut off valves may fail leading to a release of fluid or gasses into the environment. These types of environmental incidents may be investigated by the Alberta Energy Regulator in the case of a pipeline spill or H2S release or may also be investigated by Environment and Climate Change Canada if fish and wildlife is involved.

Environmental incidents may attract liability under the Fisheries Act, Migratory Birds Convention Act, Environmental Protection and Enhancement Act, or the Pipeline Act.

Offences under these Acts may subject your company to a wide range of fines and can lead to serious reputational harm. For that reason it is important to establish whether the facts of a particular incident disclose a defence or the presence of mitigating factors that would tend to reduce the quantum of fine.

In the event of an environmental incident, we can assist by advising on:

• reporting requirements;
• internal investigations;
• document retention and collection;
• witness interviews;
• responding to investigator inquiries;
• defending against charges brought against your company; and
• assessing the probability of conviction for a given offence.