dr Dominik Wałkowski | In Principle

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dr Dominik Wałkowski

New rules ahead for environmental reports and assessments
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.
New rules ahead for environmental reports and assessments
Optimal transaction structure and environmental risk
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.
Optimal transaction structure and environmental risk
End of the procedure for transferring rights and obligations under emissions permits?
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.
End of the procedure for transferring rights and obligations under emissions permits?
Between legal and environmental due diligence
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?
Between legal and environmental due diligence
Financial sanctions under environmental law
Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions.
Financial sanctions under environmental law
Managing environmental transaction risks
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.
Managing environmental transaction risks
Not every contamination is environmental harm
The touchstone for determining liability for contamination of the earth or soil is the Act on Preventing and Remediating Harm to the Environment. But not every contamination will result in liability under the act.
Not every contamination is environmental harm
Knowledge of contamination may result in liability
The owner of real estate that was contaminated by a third party may be required to take remedial measures along with the polluter even though the owner did not cause the harm, but knew about it.
Knowledge of contamination may result in liability
Does automatic transfer of emissions permits to the acquirer of a plant make sense?
A proposal to amend Poland’s Environmental Protection Law would eliminate the need to transfer permits by providing for automatic passage of rights and obligations under environmental permits to the acquirer of an installation.
Does automatic transfer of emissions permits to the acquirer of a plant make sense?
Easier to amend environmental decisions
It often happens that the plans for a project are modified after a decision on environmental conditions is issued but before issuance of a permit for the project itself (e.g. the building permit). Is it necessary to amend the environmental decision?
Easier to amend environmental decisions
Transfer of environmental permit to acquirer of installation is not the rule
When a company has been issued an environmental permit, e.g. to release particles into the atmosphere, may it freely assign its rights under the permit?
Transfer of environmental permit to acquirer of installation is not the rule
Surcharge for emission of gas and particles into the atmosphere may be disputed
Additional fees are charged for failure to hold a required permit to emit gas or particles into the atmosphere, intake water, or discharge wastewater. May such fees be challenged?
Surcharge for emission of gas and particles into the atmosphere may be disputed