Environmental Regulatory Litigation

Violations of federal, provincial, and municipal environmental laws can give rise to environmental regulatory litigation. Regulatory orders are issued by environmental regulators against regulated entities and also non-regulated parties. Orders can stop the orderee from doing something or compel the orderee to do something. Regulatory offences (a.k.a. quasi-criminal offences) can lead to investigations and prosecutions, and upon conviction, fines will result. In the most egregious circumstances, a conviction can also result in jail time.

Environmental regulatory litigation expertise

Appeals of regulatory orders

At Willms & Shier Environmental Lawyers, we regularly appeal regulatory orders issued to clients. Failure to appeal within often very short appeal deadlines can prejudice clients requiring compliance with difficult or impossible compliance requirements set out in orders. In turn, failure to comply can lead to regulatory investigations, prosecutions, convictions, and fines and possibly also jail time.

Appeals of regulatory approvals, licences and permits

Our lawyers regularly assist clients in appealing regulator’s decisions upon issuance of project approvals, licences, and permits. Our lawyers facilitate and negotiate environmental approvals but when not negotiable, we represent clients at approval appeal hearings before administrative tribunals. These appeals often have very short appeal deadlines.

Mangement of regulatory investigations

Regulatory investigations seek to review an individual’s or company’s activities to uncover potential regulatory offences that can lead to prosecutions. Regulatory prosections may occur where there is non-compliance with a regulatory order and/or breach of an environmental law. The laying of charges giving rise to regulatory prosecutions results in litigation with governments for individuals and companies, requiring experienced litigators who are ready to defend their interests. We regularly represent clients facing regulatory investigations for alleged environmental wrongdoing, manage the process, and advise and support clients to a successful conclusion.

Defence of regulatory prosections

Our firm’s litigation lawyers are assertive in helping clients mitigate the risk of quasi-criminal convictions for regulatory offences. In instances where allegations of environmental regulatory offences lead to prosecution, clients can call upon our team of environmental litigators to vigorously defend clients who may face statutory penalties (fines and only in the most egregious situations imprisonment).

Contact our environmental lawyers today

Willms & Shier Environmental Lawyers has offices in Calgary, Ottawa, Toronto, and Yellowknife. Our lawyers are called to the Bar in Alberta, British Columbia, New Brunswick, Nunavut, Northwest Territories, Yukon, and Ontario.

To speak with an environmental lawyer, contact us today.