Experience

Environmental Due Diligence

The team of lawyers of the Environmental Law Department will be glad to render services on environmental due diligence at a top level. This type of legal service includes the due diligence performed by our lawyers with regard to companies’ activities in connection with observance of environmental requirements, and, as a result of such due diligence, the provision of legal opinions and advice. We would like to bring to your attention just a few examples (the group of similar projects) from the sound experience of the Environmental Law Department of GRATA in the performance of environmental due diligences:

• performance of environmental due diligence for a group of mining companies in order to identify the risks associated with possible environmental offences;
• performance of environmental due diligence of a major gold-mining company in order to identify the risks associated with possible environmental offences;
• performance of environmental due diligence for a group of gold-mining companies in order to identify the risks associated with possible environmental offences;
• performance of environmental due diligence for international companies rendering services on oil extraction with regard to the fulfilment of legal obligations and identification of business risks;
• performance of environmental due diligence in favour of a potential buyer (large European bank) under a large transaction on the acquisition of shares of a leading bank of the Republic of Kazakhstan;
• performance of environmental due diligence of activities of the large energy corporation with regard to the acquisition of the corporation’s shares by one of the European global banks;
• performance of environmental due diligence of the activities of a large Russian bank with regard to compliance with the legislation on environmental protection;
• performance of analysis in compliance with the environmental legislation by one of the largest Kazakhstani oil companies;
• performance of environmental due diligence of the activities of uranium-mining companies in favour of the foreign global investor;
• performance of environmental due diligence of an oil company in order to identify the risks associated with possible environmental offences;
• performance of an audit of the activities of an oil company in order to reveal the absence of required licenses, approvals, permits of governmental bodies in the area of environmental protection;
• performance of environmental due diligence of a ship-owner companies group in order to identify the risks associated with possible environmental offences;
• performance of the due diligence of an oil company in order to assess its compliance with the requirements for obtaining subsoil use permits and approvals;
• performance of environmental due diligence of a metallurgical company in order to identify the risks associated with possible environmental offences;
• performance of environmental due diligence of the activities of a Kazakhstani oil company with regard to compliance with the legislation on environmental protection;
• performance of analysis in compliance with the environmental legislation by a group of Kazakhstani copper companies.

In the course of an environmental due diligence lawyers study and analyze all the important documents of a company regarding subsoil use and environmental protection as well as information obtained in the course of negotiations. Based on the due diligence, the lawyers prepare accurate information on the actual state of affairs of any businesses (mainly the companies that are subsoil users) regarding their observance of environmental requirements and norms, and provide practical advice in connection with their findings.

Environmental Disputes

Many large trade, oil and gas enterprises, as well as large exporters of non-ferrous metals, have applied to us for legal assistance in protecting their interests. Recently, we have successfully undertaken the following cases: 

• consulting a large oil company regarding issues on appeal of Decree on administrative offence case connected with sewage disposal;
• successful protection of the interests of a large uranium-mining company in the economical court in connection with the appeal against suspension of operations for violations of industrial safety legislation;
• successful protection of the interests of a large oil company in the first, appellate, cassational courts and Ministry of Environmental Protection of RK. Our lawyers achieved the dismissal of a claim for damages and cancelation of all fines, imposed for environmental violations;
• successful protection of the interests of an oil company in the Ministry of Environmental Protection of RK. As a result of our participation, the fines, imposed for environmental violations, were annuled;
• successful representation of the interests of a company in the field of chemical industry in the Supreme Court of RK in the settlement of a dispute over the ownership of production wastes;
• successful representation of a large mining and processing enterprise in the first, appellate and supervisory courts in connection with the claim of the territorial environmental administration for compensation for damages caused by the pollution of land and water resources;
• representation of the interests of a number of large foreign oil companies during audits performed by environmental prosecution bodies, territorial environmental administration and an authorised body on subsoil use. Our participation in the audits helped prevent several unreasonable claims against the company;
• successful judicial protection of the interests of an oil company in connection with the claim of the regional prosecutor’s office against the excessive disposal of production wastes; 
• successful protection of the interests of a uranium-mining company in court and in prosecution bodies in connection with the appeal against a fine for excessive environmental emissions. As a result the amount of the fine was reduced by a factor of almost ten;
• representation in court of a major oil company in an appeal of fines for the pollution of land resources, waste storage, and the breach of requirements to environmental monitoring of production. Our lawyers achieved the cancelation of all fines;
• successful representation in court of a metallurgical company in the settlement of a dispute over payment rates for the disposal of production waste; 
• protection of the interests of an oil company in land inspections during proceedings of cases on land administrative violations. As a result of our participation, the fines were significantly reduced;
• advice to an oil company on the legality of applying civil law on administrative liability to the absence of environmental permits and to exceeding the maximum allowable discharge standards.

Environmental Consulting

GRATA renders the widest range of services with regard to legal support of the environmental aspects of business. We can provide you with valuable advice regarding environmental issues of any complexity.We have rendered services to a number of the largest companies of the oil-and-gas, energy, oil-chemical sectors and the uranium-mining industry. We point to the following cases in our recent experience:

• the exhaustive legal opinion on issues of obtaining of all necessary documents for starting drilling works was prepared for a Kazakhstani mining company;
• consulting a major oil company regarding damage compensation caused by gas flaring without the permit of the Ministry of Oil and Gas;
• consulting a major power generation company on issues regarding the reduction of rate for emissions into the environment;
• consulting a local company, which owns a large internet-marketplace, on the issues regarding carrying out activity within the territory of Kazakhstan, and recognition of possible risks;
• the exhaustive legal opinion on legal liability in connection with the treatment, transportation and storage of radioactive materials was prepared for a large foreign uranium company;
• we advised a large foreign oil-and-gas company on legal liability in connection with the treatment, transportation and storage of oil products;
• we advised a large oil company on issues of change of environmental requirements to gas flaring as a result of adoption of the Law of RK 'On Subsoil and Subsoil Use', and issues of liability for environmental violations;
• legal monitoring and advising of the process of documents collection and requests submission to the Ministry of Environmental Protection for obtaining environmental permits, performed on behalf of many large oil-and-gas companies. As a result of our actions all declared environmental emissions limits have been accepted and approved by the Ministry, as reflected in the issued permits;
• upon the request of one of the largest oil-and-gas consortia, we have analysed the environmental legislation regarding the production and consumption of waste.  Based on the legal analysis our lawyers prepared systematised reference material successfully which was used by the consortium in its day-to-day production activities;
• the exhaustive legal opinion on legal liability in connection with the treatment of radioactive materials was prepared for one of the largest Kazakhstani uranium producers and exporters;
• our lawyers performed a legal risks assessment regarding certain chapters of the Environmental Code of RK and prepared the legally founded plan of corrective actions for a group of subsoil users;
• we prepared a legal opinion for a large oil company regarding issues of the disposal of waste waters originating from oil production;
• we have prepared legal opinions on issues of the economic assessment of environmental damage and have given other explanations to a number of large foreign companies regarding payment for environmental emissions;
• we advised subsoil users on the competence of state environmental bodies and the legality of their audits;
• we advised an oil company on drafting a contracting agreement and the need to obtain a permit for environmental emissions;
• we advised a phosphoric company on the legal regulation of production wastes;
• we advised an oil company on drafting an agreement for the disposal of strata waters in view of the requirements of the environmental legislation of RK;
• we advised a foreign investment company on alternative energy business in Kazakhstan.

Environmental Requirements in Contractual Practice

• analysis of provisions of the EPC Contract for compliance with the requirements of environmental legislation of the Republic of Kazakhstan.