The scarcity of fresh water and inadequate infrastructure to access, treat, distribute and recycle water safely have long been among the leading crises in the developing world. But even in countries such as Canada and the United States, where fresh water is plentiful, stressors exist. For example, climate change, unchecked industrial use and chronic underinvestment by government in aging waste and drinking water infrastructure are having an increasingly detrimental impact on continued efficiency, reliability and safety. Recognition of these issues in recent years has begun to change the political landscape, with a consequentially growing number of water regulations and infrastructure-stimulation initiatives. As a result, water law regime is now an important factor for many businesses.
Torys is one of the few North American–based firms with a full-service water law practice and expertise in all its major subsectors. Our lawyers have expertise in advising on permits and the regulation of drinking and wastewater; in water-related litigation, project structuring, development, construction, financing, operation and mergers and acquisitions. And we bring this expertise together in a group that understands not just the technical elements of the legal regime but also why the issues are strategically important to our clients.
Our experience includes advising
- American Water Services, the largest investor-owned water and wastewater utility in the United States, in numerous commercial, regulatory and litigation matters related to its Canadian operations
- Ontario Power Generation, one of North America’s largest power generators, in numerous regulatory, commercial and litigation matters, including its Niagara Tunnel project, a one billion dollar, 10 km water diversion tunnel at Niagara Falls, one of the longest tunnels of its kind in the world
- Ontario Water Power Association on a variety of matters, including the modernization of the environmental regulatory regime applicable to the industry
- Abitibi Bowater, one of the largest pulp and paper manufacturers in the world, in numerous commercial, regulatory and litigation matters, including with respect to surface and groundwater issues related to current and former operations
- Macquarie Capital Markets in its acquisition of a majority interest in Bristol Water
- The underwriting syndicate, led by CIBC World Markets, in the IPO of GWR Global Water Resources
- Zenon Environmental in its sale to GE Water & Process Technologies, a unit of General Electric
- ICI Canada in regulatory, commercial and litigation matters, including its successful application to obtain approval to discharge 750 million gallons of wastewater into a major international waterway
- One of the world’s largest technology companies with respect to a confidential proposed Canadian landing of a transatlantic under water fibre-optic cable
- World Wildlife Fund Canada on its initiative designed to facilitate the development of freshwater policy and legislation for Canada
- Confidential clients in connection with their testimony at The Walkerton Inquiry, a high profile government inquiry into the E. coli contaminated drinking water incident in Walkerton, Ontario, that resulted in several deaths and thousands falling ill