Circular economy: The EU’s ambitious new goals for management of products and waste
The circular economy is a model in which products, materials and resources are kept in circulation for as long as possible, and generation of waste is kept to a minimum. Implementation of this model would respond to the challenges of climate change and the need to support sustainable growth.
Multinational companies can be liable for environmental harm caused by their subsidiaries
On 18 December 2015 the Dutch Court of Appeal at The Hague issued an interim judgment in a closely watched case concerning liability for environmental injury caused by an oil spill from Shell’s pipelines in Nigeria.
What does the Arctic Sunrise award mean for the environment?
In August an arbitration award was issued in the case of the ship Arctic Sunrise, involving protests by ecologists on the Pechora Sea defending the Arctic environment. The ship was seized and 30 protesters were arrested by Russian authorities.
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.
Waste Act amendment causes problems with EU funding for construction of incinerators
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.
Planning and environmental damage
The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.
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.
Water: A commodity or a fundamental human right?
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.
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.
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.
