Environmental Disputes
Efficiency and professionalism are the most important criteria for evaluating our work with clients. An early request to GRATA for professional legal assistance on complying with environmental law will save your money and time in addition to protecting your business’ reputation.
Environmental Disputes. Answers and Solutions
Environmental disputes are becoming an ever more common phenomenon which large businesses involved in subsoil and the processing of raw materials and construction must deal with. In most cases, environmental disputes arise between natural resource companies and the authorised body in the field of environmental protection. Although the disputes often concern reimbursement for environmental damage, such disputes can arise on other grounds stipulated by the law. The Environmental Code of RK dated 2007 has fundamentally expanded the rights of individuals and public associations in environmental matters, which causes further environmental disputes. Furthermore, environmental disputes can arise from civil law relationships, connected with compensation for injury or material damage resulting from violations of environmental law. In such cases, fact-finding on the environmental violation and its consequences become a critical factor, and the qualified legal opinion of experienced professional environmental lawyers becomes all the more necessary.
In practice, environmental disputes mostly arise as a result of gas-flaring by subsoil companies, emissions surpassing the maximum allowable level, the discharge of pollutants as well as unwarranted waste disposal. There also have been cases concerning special water use that lacked special permission.
Subsoil Use Disputes.
Subsoil companies are often involved in environmental disputes covered by the Law on Subsoil Use of the Republic of Kazakhstan. Such disputes usually arise in connection with a cancellation of a contract by a competent state body. Disputes can arise for other reasons, including the infringement of a subsoil user’s rights by another subsoil company, the untimely issue of permits by a competent body, etc.
The lawyers of GRATA are happy to offer you the following services for the judicial defence of your interests in the settlement of environmental disputes in the field of subsoil use:
- pre-trial dispute resolution in the field of subsoil use;
- intermediation of a company’s interests in courts;
- consulting on legal matters arising during judicial proceedings.
Recent Experience:
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 an 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.
Publications:
Site developed by