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.
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?
Wardyński & Partners co-author Cambridge book on liability for climate change
A book devoted to legal liability for climate change has been published by Cambridge University Press. Lawyers from Wardyński & Partners authored the section involving Polish law.
Environmental impact of shale gas exploration and extraction
Before beginning to explore or extract shale gas, is it always necessary to conduct an environmental impact assessment?
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?
