dr Dominik Wałkowski
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.
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.
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.
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.
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?
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?
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?
The Commission proposes a regulation to increase the safety of offshore oil and gas operations
Exploration and mining of offshore oil and gas fields will be possible only by the operators that have appropriate technical and financial conditions, which would ensure recovery of costs associated with liability for any harm to the environment.
Acquirer's liability for contaminated property
Czy przepisy dopuszczają odpowiedzialność nabywcy nieruchomości za jej zanieczyszczenie także wtedy, gdy szkody nie spowodował, a nawet o niej nie wiedział?
Rights of social groups in the construction process
What proceedings do ecological organisations have a right to participate in?
When a corporate manager may be held criminally liable for pollution
Criminal liability for unlawful acts detrimental to the environment may be imposed not only on a company, but also on its managers.
Tough new regulations on industrial emissions
On 8 November 2010 the Council of the European Union approved the Industrial Emissions Directive which was passed in July by the European Parliament. The directive replaces seven different EU legal acts now in force.
