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?
Contractual clauses concerning environmental aspects of M&A transactions
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.
Due diligence and outsourcing of waste management
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.
Financial sanctions under environmental law
Administrative fines and increased fees for exploitation of the environment are increasingly included in environmental regulations as sanctions.
Development of high-quality agricultural land? Only with the permission of the minister
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.
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.
More on the Waste Act
Do waste management decisions and notifications retain their validity after entry into force of the new act?
Reasonable regulations on shale gas benefit not just investors
An interview with Weronika Pelc, the partner in charge of the Energy Law Practice, and Michał Barłowski, the partner in charge of the Bankruptcy and Restructuring practices, about shale gas projects in Poland.
New Waste Act
The new Waste Act of 14 December 2012 went into force on 23 January 2013. It introduces major changes in the waste management system in Poland. The prior Waste Act of 27 April 2001 will continue to apply in certain areas, however.
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.
Ecological NGOs are capable of more and should do more
Imposing remedial measures requires a finding of environmental harm, including determination of a reference point for assessment of the damage. If an ecological NGO claims environmental harm, it must be properly documented.
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.