Due diligence audits, proceedings, construction process, environmental impact

For many years we have advised and represented clients in administrative and judicial proceedings associated with environmental protection issues. We advise on Polish regulations, EU law requirements and international treaties. We specialise in complex environmental protection law issues including cross-border aspects; and also environmental impact of major industrial or infrastructure undertakings.

See also M&A

In particular, we advise on:

  • Environmental impact assessment and assessment of impact on Natura 2000 sites during the construction process, including proceedings associated with cross-border environmental impact;
  • Legal risks associated with environmental impact of conducted business activity, liability for environmental damage, including historical contamination;
  • Liability of entrepreneurs and managerial personnel for environmental damage or for breach of environmental protection law requirements;
  • Participation of companies in the greenhouse gases emission allowance trading scheme;
  • Market entry of crop protection products, biocides and veterinary medicinal products;
  • Obligations associated with disposal of waste electrical and electronic equipment (WEEE) and end of life vehicles;
  • Legal issues associated with conducting geological work, exploring and prospecting for mineral deposits and extracting minerals from deposits.

As part of the legal due diligence process carried out on M&A transactions, we review entities’ compliance with environmental law requirements, particularly verifying the required environmental permits, identifying risks associated with operations that negatively impact on the environment, as well as pending or threatened administrative proceedings ensuing from breaches of law or failure to comply with conditions specified in administrative decisions.

Litigation has been one of our main specialist areas since the firm was founded. We assure efficacy of conducted environmental proceedings at the administrative proceedings stage, as well as before administrative courts and in civil and criminal cases.

We specialise in difficult and complex proceedings associated with environmental impact assessment and realisation of projects co-financed from EU funds, undertakings in sensitive areas and also those where cross-border environmental impact assessment reports are required.

We represent clients in administrative and court proceedings associated with fine impositions, levying increased charges and application of administrative and criminal penalties in connection with occurrence of environmental damage or negative environmental impact of business activity.

We advise on matters concerning administrative procedures to obtain and amend environmental permits, including integrated permits (IPPC), permits for discharge of gases and particles into the atmosphere, waste processing and water permits.

We provide comprehensive advice in the construction process in terms of its compliance with Polish and EU environmental regulations. More specifically, we advise on obtaining required permits and in environmental impact assessment proceedings, as well as cases concerning liability for past environmental contamination.

We monitor administration proceedings to identify or eliminate, at the earliest opportunity, any irregularities which result in revocation risk for environmental conditions decisions or other administrative deeds.

We advise companies discharging greenhouse gases into the atmosphere, particularly CO2, in obtaining, amending and updating permits to participate in the emissions trading allowances system (in connection with acquiring title to facilities), as well as transactions involving purchase and sale of greenhouse emission allowances (EUA, CER and ERU units) and carrying out joint implementation (JI) and clean development mechanism (CDM) projects.

We advise on waste management issues, including waste recovery and neutralisation, and entities’ participation in recovery organisations. We advise in particular on legal requirements for construction of waste treatment facilities, proper handling of packaging waste and waste electrical and electronic equipment (WEEE), and administrative procedures for decommissioning of landfill sites.

Our services include advice on liability for environmental contamination regulated by Polish law, EU regulations and international treaties. We not only consider issues ensuing from environmental damage prevention and rectification regulations but also broadly understood civil and criminal law regulations, including those resulting from cross-border damage.

We advise during proceedings concerning market entry of crop protection products and biocides with respect to obtaining and changing required permits. We also advise on issues related to storage and transport of hazardous substances, and participate in administrative and judicial proceedings related to registration of borderline products and registration of products on basis of other regulations.