As part of the due diligence process for mergers and acquisitions, we check compliance with obligations under environmental law:
- Verification of the required environmental permits
- Identification of risks from activities detrimental to the environment
- Identification of risks from ongoing or threatened administrative proceedings for legal violations or failure to comply with the conditions set out in administrative decisions.
We take into account not only the applicable legal requirements, but also the effects of planned changes in the law. We examine land use and development restrictions arising from establishment of nature protection areas. We assess the risk arising from identified irregularities, e.g. in environmental impact assessment proceedings.
We assist clients in environmental proceedings. We act at the stage of administrative proceedings, as well as before the administrative courts and in civil and criminal cases. We specialise in difficult, complicated proceedings seeking administrative fines or cessation of operations.
We examine the compliance of land use and the development process with Polish and EU environmental law. We offer support at the stage of project preparation and implementation. We help develop the documentation necessary to obtain a decision on environmental conditions. We provide ongoing support in administrative proceedings.
We advise clients:
- When obtaining required environmental permits and approvals
- In environmental impact assessment proceedings
- In matters involving liability for historical environmental contamination.
We monitor administrative proceedings to identify or eliminate any irregularities that could lead to the withdrawal of a decision on environmental conditions or other administrative acts, as early as possible. We have extensive experience advising on implementation of renewable energy projects.
Investors, financial institutions and consumers are increasingly interested in whether a company supports sustainable development and meets ESG standards. One of the pillars of ESG is environmental protection and prevention of environmental degradation (E = environment). We examine both the impact of the environment on the operations of enterprises, and the impact of their operations on the environment.
We help businesses create an environmental policy that will allow them to verify the achievement of targets for environmental emissions, consumption of commodities and natural resources, water management and renewable energy.
A well-conducted analysis of environmental factors can lead to:
- Revenue growth (entering new markets and growth in existing markets)
- Reduction of costs, e.g. through more efficient use of resources (energy, water, raw materials) or prevention of damage to the environment
- Increase in long-term investment in sustainable operations and commercial projects
- Effective implementation of the objectives of the European Green Deal and global climate commitments.
Transparency of activities in this area is becoming an integral element of business. We support clients in implementing appropriate environmental management structures, so that the solutions they adopt are not a burden but generate long-term value for the company.
We advise on liability for environmental contamination under national law, EU regulations and international treaties. We take into account not only provisions on prevention and remediation of environmental damage, but also regulations involving civil and criminal liability more broadly, including liability for cross-border damage.
We support businesses who have identified historical contamination of the earth’s surface or other damage to the environment. We help clients develop remediation plans. We devote particular attention to the issue of nuclear contamination.
We assist in matters involving implementation of new environmental regulations at the operational level (modification to permits and approvals).
We also:
- Help clients mitigate or eliminate the liability of entities exploiting the environment
- Advise on all aspects of waste management
- Help plan and implement strategies for optimising environmental protection requirements, including obtaining derogations from best-available-technology (BAT) findings and exclusion of installations from the IPPC (integrated permits) regime
- Advise on issues related to the European Emissions Trading System (EU ETS).
We advise on waste management, including issues of waste recovery and neutralisation and participation in recovery organisations.
We provide support in:
- Legal requirements for construction of waste conversion installations
- The administrative procedure for closure of landfills
- Waste management and the circular economy—
- Fees
- Waste treatment at installations
- Responsibility for waste
- Management of packaging and packaging waste, waste electrical and electronic equipment, and batteries.
We offer specialised legal assistance for businesses in the chemical industry, e.g. regarding:
- Investments in chemical sector infrastructure
- Implementation of obligations under sectoral regulations for various types of products and their manufacturing methods (agricultural chemicals, plastics, cosmetics, detergents, construction chemicals, etc)
- Classification, labelling, packaging and transport of chemical substances and mixtures.
We advise in proceedings for placing plant protection products and biocidal products on the market (obtaining or modifying the necessary approvals). We advise on issues of storage and transport of hazardous products. We participate in administrative and judicial proceedings for registration of borderline products and registration of products under other regulations.
Contact: joanna.krakowiak@wardynski.com.pl