Innocent Third Parties Have Rights
In the past, an injured property owner has not been able to
demand remediation beyond applicable MOE guidelines. Now it
is clear that those guidelines do not necessarily apply to persons
causing contamination to the lands of innocent third parties.
Innocent
Third Parties Can Demand Full Remediation
Where reasonable, such innocent third parties have the right
to have their lands cleaned up to "pristine levels,"
where evidence shows that the land was in that condition prior
to the contamination.
The
results of this ruling are far reaching for those involved in
a contaminated land scenario. This ruling is the first clear
appellate authority on three crucial issues.
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Innocent Third Parties May Claim Damages for Resulting Stigma
to Their Lands
Further damages over and above the cost of clean up can be levied
where the land suffers a diminution in market value due to the
stigma attached to a contaminated site.
Clear
planning and guidance are now required when dealing with the
resolution of contamination issues, particularly where third
parties are involved.
The continuing
refinement of environmental jurisprudence, demonstrated by
this case, will include the careful analysis and assessment
of all contamination claims. Many issues that have not been
apparent in the past are now relevant when dealing with contaminated
lands. Failure to consider all the relevant facts and issues
will place you at a dramatic disadvantage in today's changing
environmental field.
For more
information on this topic please call us at (613) 241-3400
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