Environmental Law and Regulation Challenges for the Mining Industry

"1. INTRODUCTIONTo say that the environment will be a dominant issue in the 1990' s is an understatement. A world-wide ""green revolution"" is taking place not only with the general public and politicians, but in the boardrooms and plant facilities of corporations around the world. There is probably not a plant manager who has not been requested by his corporation to assist in some way on environmental issues by providing advice and strategy, by dealing with customer or community concerns, by considering environmental matters in transactions, by developing new environmental compliance policies and requirements, and so on.There are, in the author's view, three main challenges for the mining industry in the environmental area in the 1990's. This paper will discuss each in turn. The first challenge is the concept of ""sustainable development"". Whatever the meaning of this much-debated phrase, we are rapidly moving beyond the buzzword, and into the specifics. It will clearly impact on the way we manage our companies, our communities and our personal lives.The second is the challenge of personal liability; particularly for officers, directors, supervisors and managers of the corporation. For example, in Ontario today, a good percentage of prosecutions for pollution offences are against individuals, usually managers and supervisors, in addition to the prosecutions against the corporation itself for the same offence. In all likelihood, prosecutions will increase in number and will increasingly be directed at individuals. A corporate president has already served a jail term for contempt of court related to his corporation's breach of a court order related to sewer by-law offences. Although the case is on appeal, another president has become the first officer in Canada to be sentenced to jail for violation of an environmental protection statute. Other corporate officers and directors have recently been charged with breach of their duty under Ontario's Environmental Protection Act."