Legal Sector

SUCCESSFUL APPEAL OF "RESPONSIBLE PERSON" STATUS UNDER A REMEDIATION ORDER

Noth Central British Columbia

CHALLENGE: A major oil company was named as a “Responsible Person” under a BC Ministry of Water, Land and Air Protection Remediation Order due to gasoline contamination of a drinking water aquifer that served a local population. The oil company was named as "responsible person" due to their "deep pocket" ability to pay and historical relationship with a nearby service station. Responsible person status carried full "joint and several" and "retroactive" liability for the contamination under provisions of the BC Waste Management Act. Potential associated claims in this case were several million $CDN. The oil company had initially sourced and coordinated the installation of water treatment systems for the affected persons as a goodwill gesture.

SOLUTION: Morrow was retained to develop the technical argument for an "Appeal" of "Responsible Person" status under a BC Waste Management Act Remediation Order. An environmental drilling investigation was conducted though a complex, highly fractured bedrock matrix, which concluded that the contamination was sourced in a direction remote from the service station.

Morrow then provided technical expertise and expert witness support for the client’s three member legal team in preparation for, and throughout a two week Environmental Appeal Board hearing, where the province and a number of affected and other potentially responsible persons also provided arguments. All aspects of Morrow’s work were examined in detail and, ultimately, the senior technical experts who were supporting the other potentially responsible persons supported Morrow’s arguments. In what was believed to be a precedent setting 26-page decision, Morrow’s client was fully absolved of any responsibility for the contamination by the Appeal Board.

The Province of British Columbia has subsequently expressed interest in having Morrow monitor the contaminated aquifer on their behalf.