2A-Environmental Due Diligence for Supervisors and Managers: Practical Strategies for Avoiding Environmental Liability


2017 Course Chair: Jack D. Coop, Fogler, Rubinoff LLP

Jack  D. Coop specializes in all aspects of environmental litigation: civil actions, prosecutions, class actions, administrative hearings, and judicial review applications, including advice work on how to avoid such litigation and successfully deal with regulators. Jack’s environmental litigation expertise has been refined through more than twenty years as an Ontario Crown counsel and ten years in private practice. Click here for full bio.

2017 Guest Speakers

Michael Atlas, TTC | Stan Berger, Fogler, Rubinoff LLP | Albert Engel, Fogler, Rubinoff LLP | Tom Baumgarten, Golder Associates | Nicholas Adamson, MOECC | Steve Quigley, GHD

2017 Course Description

An environmental lawsuit, or even the threat of one – can put project approvals and commercial operations in jeopardy. Not only can it delay projects by many years, it can also result in significant cost outlays, including the potential for massive fines for both corporations and responsible directors and officers, as well as jail terms.

Project proponents and owners, and the managers of commercial undertakings face a myriad of environmental litigation risks from a variety of sources: ministry investigators, neighbours, NGOs, and even rival businesses.

From a myriad of civil and regulatory liabilities, including inadequate reporting of accidental discharges and inadequate proper due diligence in managing the ongoing risk of pollution, the risk of civil litigation, appeals and prosecutions lies everywhere.

Attend this course to receive an insider’s guide to how your organization can proactively plan for, avoid, and if necessary, successfully respond to, the most common forms of environmental regulatory action, civil litigation and prosecutions.

Our expert faculty of regulatory specialists and environmental managers and consultants will highlight lessons learned from recent cases covering everything from: air emissions from industrial operations, pollution migration and historic contaminated site issues, to dealing with odour and noise complaints raised by neighbours and NGOs – and will suggest ways in which such risks can be successfully and cost-effectively managed.

Click the button below to register today! Don’t forget about our multi-day and multi-registrant discounts.

Morning agenda: Begins at 9:15 AM
Nuisance, Neighbours and NGOs: Navigating your safe passage through the legal minefield
Jack Coop, Foglers

  • Overview of relevant Canadian environmental legislation
  • Identifying common risks: classic environmental civil actions – nuisance, negligence, strict liability for spills, statutory cause of action for spills
  • How typical disputes arise with neighbours; NGOs; and the MOECC ( e.g. emissions from existing industrial operations; noise/ odour/ contaminated land issues)
  • Responding to the legal obligations they place on your organization
  • Successful best management practices (BMPs) for dealing with common nuisance issues: noise, odour, dust, etc. (examples and case histories)

Good defences make good neighbours: Strategies to avoid civil liability and orders
Albert Engel, Foglers, Michael Atlas, TTC

  • Proactive communication strategies re: neighbours and NGOs
    • Consultation and ‘engagement’ – what is required by law? what is advisable? what are the benefits? what are the dangers?
  • Proactive strategies to avoid appeals and orders
    • Practical strategies for defusing neighbours’ concerns
    • Assessing if there is a role for mediation and arbitration?
    • “Winning” – What does winning mean in the context of appeals and orders? What is the (financial/reputational) cost of ‘losing’?
  • Proactive strategies to stay on-side with municipalities, municipal bylaws, the MOECC
    • Anticipating issues: e.g. land-use planning; sewer use bylaws; water & water-taking
    • How to effectively negotiate environmental approvals with the MOECC to avoid costly appeals

Stopping a prosecution before it starts: Fostering good relations with MOECC
Stan Berger, Foglers and Steve Quigley, GHD

  • Establishing your bona fides with the MOECC, e.g. the importance of establishing a good record of responding diligently to inspections
  • How to avoid investigations and orders
  • Strategies to overcome poor historic relationships with the MOECC
  • Understanding Ministry constraints and responding supportively to their concerns

12:00 – 2:00 p.m. LUNCH
Stopping a prosecution before it starts: Best management practices are also the best defence strategy
Jack Coop, Foglers, Nicholas Adamson, MOECC, and Tom Baumgarten, Golder Associates

  • Lawyer’s view: What is environmental due diligence?
  • How can it help defend the actions/inactions of companies and individuals
  • Importance of due diligence by CEOs, supervisors and managers
  • Case histories illustrating where best practices has resulted in acquittal/ lenient sentencing etc.
  • Ministry’s view: Where managers go wrong – common pitfalls
  • Consultant’s / manager’s view:
    • Systems for demonstrating and documenting environmental due diligence
    • How does it help with prioritizing management decisions
    • Utilizing EMS best practices and methodologies?

Working through common due diligence scenarios: Panel discussion and audience Q and A
Stan Berger & Albert Engel, Foglers, Nicholas Adamson, MOECC, and James Hartshorn, Golder Associates

  • Featuring lawyer, MOECC investigator/prosecutor, and EMS consultant
  • Panel poses scenarios; asks audience “what should you do to avoid liability?
  • Audience invited to offer scenarios: asks panel – what should I do?

Due diligence checklist for senior managers
Jack Coop, Foglers

  • A ‘take-away’

Finishes at 4:30 p.m.

Click the button below to register today! Don’t forget about our multi-day and multi-registrant discounts.

Register for all three days and SAVE $600.

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