environmental protection | In Principle

The proposed amendment to Poland’s environmental impact assessment regulations contains not just procedural changes. It also goes directly to the nature of environmental impact assessments and the contents of EIA reports.

This year’s amendment of the Waste Act is forcing changes in the scheduling of incinerator projects. Target load start-up tests must be postponed until after the integrated permit is issued. This may give rise to claims by contractors for prolonging the project completion period because of a change in the law.

The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.

Selection of the structure for transactions typically depends on business conditions and tax considerations, but findings made in environmental due diligence are also beginning to play a greater role.

Water covers about 71% of the planet, but only some 5% of water resources (excluding seawater) are privately controlled. The water market is valued at some USD 800 billion per year and attracts increasing commercial interest.

The Sejm has passed an amendment eliminating the administrative procedure for transferring permits. When it comes into force, the acquirer of an installation will automatically assume the rights and obligations under the permits for the installation.

Before a transaction, an investor will often hire consultants to conduct environmental due diligence. The environmental impact of business operations are also an element of legal due diligence. How are these two types of due diligence interrelated?

Properly constructed contractual provisions should adequately secure the interests of the parties in the event of environmental violations. They are relevant to nearly every deal.

During due diligence, it should be determined whether a producer of waste has released itself from proper management of the waste by outsourcing management of the waste to third parties.

Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions.

The Act of 8 March 2013 Amending the Act on Protection of Agricultural Land and Woodlands went into effect on 26 May 2013—introducing major changes affecting persons seeking to build on highly productive agricultural land.

Infringements of environmental law lead to ever greater liabilities. So it is unsurprising that in recent years investors have been increasingly interested in assessing risks arising from environmental regulations.