Profile
Tony Crossman is the Chair of Miller Thomson’s National Environmental Law Group, with his practice focus being on Western Canada and the Yukon. Tony has over 25 years experience and advises on all aspects of environmental law – from corporate compliance and due diligence through to regulatory, civil and criminal matters. His environmental work covers many sectors of the economy including manufacturing, energy, real estate, municipal, mining, natural resources, waste management, forestry, and transportation.
In his practice, Tony advises about the maze of environmental regulations. He gets involved with permit applications, when orders are issued (or threatened to be issued) by environmental regulators and represents those involved in litigation involving environmental issues.
Tony is a recognized leading environmental lawyer, named in the Chambers Global Guide of the World’s Leading Lawyers, International Who’s Who of Environmental Lawyers, Who’s Who Legal: Canada, the Canadian Legal Lexpert Directory, and Best Lawyers in Canada.
He is a past Chair of the Canadian Bar Association's National Environment, Energy and Resources Law section, and is admitted to practice in Australia (1985), British Columbia (1996), Nova Scotia (1996) and Yukon (2000).
Tony is the author of the BC & Yukon chapters of Canadian Environmental Law (LexisNexis), the BC chapter of The Law of Climate Change in Canada, and the Environmental chapter of Business Laws of Canada. He is a contributor to the BC Contaminated Sites Handbook, and Halsbury’s Laws of Canada.
Tony has extensive experience in identifying and managing environmental risks, providing strategic advice on day-to-day issues about how best to navigate the processes to obtain the required results. He has worked for private companies (multinational, national and local), governments (national, provincial and local) and the regulators themselves. In Canada, this is permitted, and gives him a unique perspective in dealing with issues, not to mention the relationships that this has allowed him to develop.
Education
- LL.M., Environmental, University of Adelaide, 1995
- LL.B., University of Adelaide, 1985
Professional Achievements
- Recognized in The International Who's Who of Business Lawyers, 2013
- Chambers Global ranked lawyer, Environmental Law
- International Who’s Who of Environmental Lawyers
- Who's Who Legal: Canada
- Canadian Legal Lexpert Directory of leading lawyers for Environmental Law
- Best Lawyers in Canada listing for Environmental Law
Directorships
- Vice-President & Secretary, Canada Australia New Zealand Business Association
- Committee Member, British Columbia Environment Industry Association, Brownfields Committee
- Past-Chair, Canadian Bar Association, National Environment, Energy and Resources Law Section
- Past-Chair, Canadian Bar Association, Environmental Law Section (BC Branch)
Memberships
- Member / Past Executive Member, Canadian Bar Association – Environmental Law Section (BC Branch)
- Member, American Bar Association – Environmental, Energy and Resources Law Section
- Member, Canadian Environmental Industry Association
- Member, Environmental Managers Association
- Member, Waste Management Association of BC
Presentations
- Federal Water Statutes, CBA National Environmental, Energy and Resources Law Section webinar series, 2013
- Brownfield Development, BC Ministry of Environment conference: "Site Remediation in BC", 2013
- Increased Scrutiny and Enhanced Environmental Enforcement, Canadian Institute Environmental Law & Regulation in BC Forum, 2013
- Changes to the Fisheries Act, Environmental Law Forum, 2013
- Changes to the Fisheries Act, CBA National Environmental, Energy and Resources Law Section / Department of Justice annual meeting, 2012
- Changes to the Fisheries Act, CBABC Environmental Law section meeting, 2012
- The New Proposed Canadian Environmental Assessment Act, CBABC Environmental/Aboriginal section meeting, 2012
- CBA National Environmental, Energy and Resources Law Summit (co-chair), 2012
- Development of Services Station Sites, BC Environment Industry Association seminar, 2012
- Dealing with Regulatory Inspections and Investigations, Miller Thomson Environmental cross-country seminar series, 2012
- Climate Change Policies and Greenhouse Gas Cap and Trade, Insight seminar: "Environmental Law in BC", 2012
- Environmental Law: Managing Risk (co-chair), CLEBC seminar, 2011
- Environmental Update, Canadian Bar Association-Department of Justice Annual Meeting, 2011
- Carbon Taxes, Credits & Commercial Buildings, Miller Thomson seminar: "Green Buildings: Problems, Solutions & Oppportunities", 2011
- Enforcement: Inspection and Investigation, EPIC Conference: "Understanding Environmental Regulation", 2011
- The Fisheries Act, EPIC Conference: "Understanding Environmental Regulation", 2011
- Capturing an Opportunity: Emerging Developments in Climate Change Law and Policy for Alberta Business", Miller Thomson Environmental seminar, 2010
- Contaminated Sites 101: The BC Legislative Regime Core Concepts, Pacific Business & Law Institute seminar: "Doing Business with Contaminated Land: Answers, Clarity & Protection", 2010
- Brownfield Development, Pacific Business & Law Institute seminar: "Doing Business with Contaminated Land: Answers, Clarity & Protection", 2010
- BC Environmental Update, Miller Thomson seminar: "CleanTech, Green Energy and Environmental Update", 2009
- A Tale of Two Provinces: Imposing Greenhouse Gas Emissions Constraints Through Law and Policy in Alberta and British Columbia, Canadian Petroleum Law Foundation Research Seminar in Oil & Gas, 2009
- Feds, Frogs & Fish - Environmental Issues: Case Studies, Miller Thomson seminar: "Understanding Aboriginal and Environmental Issues in Project Development", 2008
- Environmental Law and Regulation in BC, Pacific Business & Law Institute seminar: "Environmental Law and Case Update", 2007
- Climate Change: Managing Risks and Creating Opportunities in the New Carbon World, Miller Thomson seminar, 2007
- Alternative Energy in Canada, CBA National Environmental, Energy and Resources Law conference on Energy and the Environment, 2007
- Sustainability and Current North American Environmental Issues, Climate Change, Alternative Energy Options, Cross Border Environmental Issues, Sustainability and Trade Issues (Portland, OR), 2007
- Extraterritorial Reach of U.S. Environmental Laws: the Teck Cominco Decision, CBA Annual Environmental Law Summit, 2006
- Environmental Enforcement Issues, 2006
- Buying, Selling, and Developing Contaminated Land, Miller Thomson Environmental Seminar, 2006
- Dealing with Environmental Contamination: What You Need to Know, Miller Thomson Environmental Seminar, 2006
- Overview of Key Developments in Environmental Case Law, Insight Conference: "Environmental Law in BC", 2006
- Contaminated Sites Case Law Update, Pacific Business & Law Institute seminar: "Contaminated Sites in BC", 2006
- Going for Green: Playing in the Sustainability Game - the Vancouver 2010 Winter Olympic Games, 2005
- Natural Resource Damages: After the Canfor Decision, National Environmental, Energy and Resources Law Section: Pre-DOJ Day, 2005
- Environment, Energy and Resources Case Law, National Environment, Energy and Resources Law Summit, 2005
- Fisheries Act Environmental Issues, 2005
- Canadian Environmental Assessment Issues, 2005
- Environmental Case Law Update, Insight Conference: "Environmental Law in BC", 2004
- What to Do If Your Land is Contaminated, Miller Thomson Environmental cross-country seminar series: "Managing Contaminated Sites: Reducing Your Risk, Knowing Your Options", 2004
- Environment Management and Compliance, Overview of Environmental Regulation, 2003
- Dealing with Legal Issues Concerning Contaminated Sediments, Analyzing and Interpreting Contaminated Harbour and River Sediment course, 2003
- Environmental Considerations, Miller Thomson seminar: "Toxic Mould and Sick Building Syndrome", 2002
- Federal Environmental Law Developments, Environmental Law seminar, 2002
- Overview of Technical Aspects, EPIC seminar: "Effective Environmental Monitoring, Sampling and Modelling", 2002
Published Works
- "Some Recent Fisheries Act Decisions of Interest from Western Canada: Recent B.C. Decision Limits Authority of DFO in Development near Water", Key Developments in Environmental Law 2011, Thomson Reuters, 2011
- Authored chapter: "Environmental", Business Laws of Canada, Thomson Reuters Westlaw, 2009 (updated annually)
- Co-authored chapter: "British Columbia", The Law of Climate Change in Canada, Canada Law Book, 2010
- Authored chapters: "British Columbia" and "Yukon", Canadian Environmental Law, Butterworths
- Authored chapter: "Environment, BC", Halsbury's Laws of Canada, Butterworths
Publications
- Environmental Law: Recent Developments of Importance, The 2013 Lexpert®/American Lawyer Guide to the Leading 500 Lawyers in Canada, 2013
- BC Company Fined for Offences Under the Wild Animal and Plant Protection and Regulation of International and Interprovincial Trade Act, EnviroNotes!, October 2012
- Bill C-38 Amendments to the Fisheries Act: A New Environmental Era in Canada?, EMABC special session on Bill C-38, 2012
- Amendments to the Fisheries Act – New Fish Habitat Provisions and Increased Penalties, EnviroNotes!, July 2012
- Contaminated Sites: EAB Directs Ministry of Environment to Issue Certificate of Compliance, EnviroNotes!, October 2011
- Recent BC Decision Limits Authority of DFO in Development Near Water, EnviroNotes!, October 2011
- Contaminated Sites: EAB Directs Ministry of Environment to Issue Certificate of Compliance, EnviroNotes!, October 2011 - BC Client Alert
- Recent BC Decision Limits Authority of DFO in Development Near Water, EnviroNotes!, August 2011 - BC Client Alert
- Due Diligence in Buying Residential Property – Beware Leaking Oil Tanks, EnviroNotes!, May 2011
- Tougher Environmental Enforcement Measures Now In Place, EnviroNotes!, February 2011 - BC Client Alert
- Report Indicates Canada Should Implement National Climate Policies Ahead of U.S., Miller Thomson Client Alert, 2011
- Prosperity Mine Project Blocked by Federal Government, EnviroNotes!, December 2010
- Consultation Process for Proposed Emissions Trading and Offsets Regulations, EnviroNotes!, December 2010
- Prosperity Mine Project Blocked by Federal Government, EnviroNotes!, November 22, 2010 - BC Client Alert
- Consultation Process for Proposed Emissions Trading and Offsets Regulations, EnviroNotes!, November 3, 2010 - BC Client Alert
- Bill C-9 Changes Federal Environmental Assessment Regime, EnviroNotes!, September 2010
- Canada Plans New Emission Rules for Heavy Trucks, EnviroNotes!, September 2010
- Controlling Odours in Metro Vancouver: The Ability of Regulators to Impose Controls, EnviroNotes!, September 2010
- West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359: Delegation to Departmental Officials Failed to Satisfy the Honour of the Crown, EnviroNotes!, September 2010
- Major Petroleum Spill in Johnstone Strait in Orca Sanctuary: Due Diligence Lessons for Captains and Barge Owners, EnviroNotes!, September 2010
- BC Introduces New Clean Energy Act, EnviroNotes!, May 2010 - BC Client Alert
- Tackling Climate Change in BC, CleanTech Canada, 2010
- West Moberly First Nations v. British Columbia (Chief Inspector of Mines), 2010 BCSC 359: Delegation to Departmental Officials Failed to Satisfy the Honour of the Crown, Aboriginal Law Update, April 2010
- Mandatory Reporting of Greenhouse Gas Emissions: Some Recent Developments in Canada, Canadian Consulting Engineer, 2010
- BC's Mandatory Greenhouse Gas Emission Reporting to Begin on January 1, 2010, EnviroNotes!, December 2009 - BC Client Alert
- British Columbia's Mandatory Greenhouse Emissions Reporting to Begin on January 1, 2010, EnviroNotes!, December 2009
- Beware of Old Heating Oil Tanks in Residential Properties, EnviroNotes!, December 2009
- Climate Change: Carbon Tax v. Cap and Trade, EnviroNotes!, June 2009 - BC Client Alert
- Is Your Company Prepared for New Environmental Enforcement?, Eco Bulletin, 2009
- BC Climate Change Update - Pricing Carbon, 2009
- $1.8M Available From BC Government for Brownfield Renewal: Application Deadline June 15, 2009, EnviroNotes!, May 2009 - BC Client Alert
- Environmental Enforcement and Compliance in BC - An Update, EnviroNotes!, May 2009
- Mandatory Reporting of Greenhouse Gas Emissions in BC, Climate Change Client Alert, 2009
- Due Diligence and Responsibility for Your Emergency Response Contractors: Can Parent Companies Be Responsible for Spills Caused by Subsidiaries?, Environmental Managers' Association of BC Journal, 2009
- A Lesson in Due Diligence and Responsibility for Emergency Response Contractors, Eco Bulletin, 2008
- Recent Climate Change Initiatives in British Columbia, EnviroNotes!, Fall 2008
- Contaminated Sites Update in British Columbia, EnviroNotes!, Fall 2008
- Can Parent Companies Be Responsible For Spills Caused By Subsidiaries? Due Diligence and Responsibility For Your Emergency Response Contractors: The CPR Glycol Spill, EnviroNotes!, June 2008
- British Columbia Establishes Brownfield Renewal Strategy, EnviroNotes!, June 2008
- Consultant Liability for Contamination Under the Fisheries Act - The Gemtec Appeal, Canadian Environmental Regulation & Compliance News, 2008
- Consultant Liability for Contamination Under the Fisheries Act - The Gemtec Appeal, EPIC Educational Program Innovations Center e-Newsletter, 2008
- Consultant Liability for Contamination Under the Fisheries Act: The Gemtec Appeal, EnviroNotes!, March 2008
- Canadian National Railway Company v. Imperial Oil LImited: A Tenant's Responsibility to Clean Up Contamination, EnviroNotes!, March 2008
- Environmental Consultants Lose Appeal in New Brunswick, Canadian Consulting Engineer, 2008
- Climate Change - Hot Air and Clean Air: The April 2007 Federal Government's Response?, EnviroNotes!, Spring 2007
- Case Comment on R. v. Greenough [2006] NBJ No. 409, Eco Bulletin, 2007
- The "Made in Canada" Solution to Greenhouse Gases and the Kyoto Protocol the Clean Air Act Introduced, EnviroNotes!, November 2006
- News From British Columbia, EnviroNotes!, July 2006
- Challenging Conditions of Certificates of Compliance, EnviroNotes!, May 2006
- Inability to Challenge Approval of Remediation Plan, EnviroNotes!, February 2006
- Going for "Sustainability": The 2010 Vancouver Olympic Winter Games, EnviroNotes!, November 2005
- Contaminated Sites: The Ultimate Limitation Period - How Long do you Have to Bring a Claim? Workshop Holdings Ltd. v. CAE Machinery Ltd., EnviroNotes!, October 2005
- Contaminated Sites - Recovering Remediation Costs, EnviroNotes!, June 2005
- Contaminated Sites - Inheriting The Sins Of The Past Through Amalgamation, EnviroNotes!, May 2005
- An Update on the Defence of Due Diligence, EnviroNotes!, January 2005
- US Environmental Laws Can Affect Canadian Businesses, EnviroNotes!, January 2005
- R. v. Kingston (City): Deposit of Deleterious Substances, Section 36(3) of the Fisheries Act, EnviroNotes!, January 2005
- Environmental Assessment in the Yukon - A Time of Transition: Part 2 of YESSA in Operation, Nov. 13, 2004, EnviroNotes!, November 2004
- New B.C. Environmental Management Act - What Does it Mean for You?, EnviroNotes!, November 2004
- Meadow Ave. Site - A Case Study in the Legal Framework for Remediating Contaminated Sediments, 2003
- Recent Developments in BC, EnviroNotes!, July 10, 2002
Industry Expertise
Key Practice Expertise
Areas of Focus
- Manufacturing
- Natural Resource Development (Mining, Forestry)
- Oil & Gas
- Land & Infrastructure Development
- Chemical Manufacturing & Handling
- Transportation
- Waste Management
- Environmental Emergencies & Investigations
- Climate Change / Greenhouse Gas Regulation
- Contaminated Sites
- Environmental Assessment
- Environmental Approvals
Year of Call
- South Australia Bar, 1985
- British Columbia Bar, 1996
- Nova Scotia Bar, 1996
- Yukon Bar, 2000
