Environmental Law

Question 1

What are two pieces of BC Legislation dealing with contaminated sites?

Answer 1

■ Contaminated Site Regulation
■ Environmental Management Act
■ Fisheries Act

Question 2

What are the most common substances found at contaminated sites in BC?

Answer 2

Heavy metals, PCBs, organic chemicals, chlorophenols

Question 3

What is a site profile and what can it trigger?

Answer 3

A site profile is a government form that is filled out by owner or consultant, that highlights activities performed on land. The government reviews it and decides if a site investigation is needed.

Question 4

A site investigation consists of two phases. Name and describe them.

Answer 4

■ Preliminary investigation – researching land history, talking to owners, and reviewing site photos.
■ In depth investigation – sampling and testing of soil and water on the site.

Question 5

For one of the environmental law case studies, discuss the issue, judgement and your opinion.

Answer 5

■ Issue – Atlantic argued they weren’t liable for the site’s contamination since they merged with the site’s operator after the damage was done. Beazer argued they weren’t the main contributor to the contamination.
■ Judgement
- Beazer is responsible for both operations and remediation at the site.
- Atlantic is responsible for remediation as it was the previous owner and operator of the site. When companies merge, no new company is created, and no old company is extinguished.
■ Opinion - It was necessary to prevent companies from just merging themselves to avoid liability for the contamination.