Environmental and Natural Resources Law Articles
Articles written by lawyers and expert witnesses worldwide
explaining the different aspects of Environmental and Natural Resources.
July 18, 2016 By KCG Partners Law Firm
In a classical sense, a “greenfield investment” is the construction of a new industrial unit in a territory previously used as agricultural area.
June 21, 2016 By HG.org
Many buildings were constructed with asbestos insulation in the past. After the discovery that the material is hazardous to humans, many companies have endeavored to remove as much of the material as possible. It is when the removal becomes dangerous to workers that health and safety should be reinforced.
On March, 15th, 2016 the European Parliament Committee on Agriculture and Rural Development adopted by a large majority the report on the Commission’s proposal regarding the manufacture, placing on the market and use of medicated feed. The new rules, which will be implemented in the form of Regulation, will replace the current Council Directive 90/167/EEC of 26 March 1990.
The use of pesticides in food, especially when growing fruit and vegetables, is now commonplace; farmers use pesticides in order to preserve or even increase their yields. Nevertheless, there are several risks regarding consumer safety and questions arise on the allowed pesticide residue quantities in food meant for consumption.
Last June, the EU Parliament started discussions and issued amendments on the European Commission’s Proposals for two new Regulations. Alongside, the FVE (Federation of Veterinarians of Europe) issued their comments on the amendments of the two proposals made by the EU Parliament, in September 2015.
By LPA Law Firm
According to the Albanian law, reconnaissance is not treated as a separate activity. Reconnaissance and exploration rights are granted by the same permit, i.e. a reconnaissance and exploration permit. Such permit is granted for a three-year period, extendable for one additional year, for metallic, non-metallic, bitumen, coal, and radioactive minerals, while for construction minerals such permit is granted for a one-year period.
By ESK Law Firm
The legal aspects of Iran’s petroleum rules and contracts, especially for post-sanctions era, have been analyzed.
Starting from April 2009 Ukraine makes efforts to financially stimulate generation of electricity from alternative sources of energy. Such stimulation results in, first of all, legislative provision for feed-in tariff, i.e. the guaranteed obligation of the state to purchase generated “green” energy from producers, and also in establishment of a significant number of tax benefits for producers of alternative energy.
The accession of Kazakhstan to the WTO led to the changes in Kazakhstan laws and regulations. In this review, we would like to focus on local content in goods, works and services.
A summary of Azerbaijan's laws and regulations on agriculture. Useful to those foreign companies interested in investing in agriculture-related business in Azerbaijan.
On 26 February 2016, the Procedure on determining the level of use of Ukrainian-made equipment on electricity objects that produce electricity from alternative sources of energy and establishment of the relevant premium to feed-in tariffs became effective.
Renewable energy has become one of the most lucrative areas for foreign investors looking to extend their business in Ukraine. However, the legal framework in the field is still being developed, undergoing constant revisions. Below is an overview of the latest 'green' tariff reform.
The Ukrainian land is the most fertile in the European Union, the development of agro-industries are a significant and also market of organic agricultural products has been growing.
Low level of energy efficiency is long and justified considered to be the number one problem of the Ukrainian economy. Therefore, the introduction of ESCO Act in May 2015 – «On the introduction of new investment opportunities, guarantee of rights and legal interests for businesses entities for major modernization of energy sector» is currently important.
This year, the FBI has begun tracking cases of animal abuse on a national level in order to research trends and adopt prevention strategies. Beginning in January 2016, police departments will be required to report animal-related crimes to the National Incident Based Reporting System (NIBRS). NIBRS is used by criminologists, law enforcement and researchers.
A Salisbury, Massachusetts marina recently incurred a $14,380 penalty for its failure to adhere to the terms of an Activity and Use Limitation (AUL) attached to the property after the previous owner discovered a spill.
When we think about the economic development of Colombia we have to consider the importance of the biological diversity that this country has and the need to manage it in a sustainable and balanced way in the light of the needs of today's world.
Service animals are animals which are trained to do work or perform tasks for the benefit of an individual with a disability. Under the Americans with Disabilities Act, only a dog or a miniature horse may be considered a service animal, though other states may allow other types of animals to be service animals. Monkeys, ferrets and other animals may be considered service animals in some states.
The merger control regime is regulated by the Law of the Republic of Uzbekistan No. ZRU-319 on Competition (the Competition Law), which entered into force on 6 December 2012, replacing the Law on competition and restriction of monopolistic behaviour in the commodities markets.
In the past four years Egypt faced a critical issue in the electricity sector and in May 2014 the shortfall reached 58% from the total production. The shortage in the electricity sector had its impact on homes, factories and businesses in the country.
Mining and Quarrying in the Democratic Republic of Congo: Rights, Obligations and Protection of Investors
Ten years ago, the Democratic Republic of Congo [DRC] adopted a new mining code under Law n°007/2002 of 11 July 2002 (the “Mining Code”) with a view to attracting investments and turning its considerable natural resources into wealth. Since 2013, the DRC has announced that the Mining Code is shortly to be revised in order to remedy its deficiencies. However, this article discusses the obligations and protection of mining and quarrying rights in DRC.
The Environmental Protection Agency recently proposed that the former Kil-Tone Company factory site in Vineland, New Jersey be added to the United States’ list of “most hazardous waste sites.”
Not long ago the Internet blew up over the killing of Cecil the lion, a 13-year-old lion living in a Zimbabwean preserve, by an American dentist named Walter Palmer.
Thailand has a complex web of laws and regulations which protect the natural environment. In particular, Thai industrial interests and property developers must contend with the requirement of preparing an environmental impact assessment report (“EIA”) when planning a new development that is likely to have an environmental impact.
Amendments to the Argentine Law that Establishes the Promotion Regime of Power Generation from Renewable Sources
On September 23, 2015, the Argentine Congress passed a draft (the “Draft”) which amends Law No. 26,190, governing the National Promotion Regime of Power Generation from Renewable Sources (“Law of Renewable Energy”).
When it comes to service dogs and assistance animals, people often confuse the Federal American with Disabilities Act (ADA) with the Federal Fair Housing Act (FHA). The ADA laws apply only to commercial (non-residential) settings. They apply to specifically trained service dogs (and the very occasional miniature horse).
ExxonMobil Corporation and the New Jersey Department of Environmental Protection (NJDEP) received court approval of a $225 million consent judgment on August 25, 2015, in a closely-watched dispute over natural resource damages (NRD) caused by the oil giant.
The Environmental Protection Agency (EPA) and the Department of Justice (DOJ) have confirmed they have reached a settlement with a Pennsylvania water utility called the Delaware County Regional Water Quality Control Authority (DELCORA).
Due to the increasing energy gap arising from industrial and technological developments of Turkey, the demand on electric energy has been increasing year for year and new investments in power generation are required.
Establishment of solar powers with a view to operating in electricity market is regulated in Electricity Market Code (the “Code”) law no. 6446.
Numerous countries have been in an energy transition in recent years due to the decreasing capacity of primary energy resources such as natural gas, oil and coal and also in order to contribute to the prevention of climatic changes arising from the use of primary energy resources. In this connection, the importance of energy production from renewable resources has come into question also in Turkey.
Energy Market Preferred by Foreign Investors Also in 2015
The export of crude oil and other natural resources is one of the basic sources of income of our country. However, the active development of the oil and gas industry is related to the increased risk in the environment.
The U.S. Environmental Protection Agency (EPA) recently released two official guideline manuals on vapor intrusion emissions.
Ejidos have an extensive presence and influence in states with major mining activity; they are regulated by one-of-a-kind legal regime; and the social aspect of an ejido is unique.
In May 2015, one of the largest electrical utility companies in the country, Duke Energy, entered a guilty plea in response to federal criminal charges for polluting rivers in North Carolina.
The actual national energy industry is diversified with all sort of energy projects, including an innovational wind plant (400Mw) and very soon and plural numbers of solar energy plants.
Lawsuits filed by attorneys in California over Indoor Air Quality or Sick Building Syndrome, are increasing. The WHO estimates that nearly 30 percent of new and remodeled buildings worldwide have indoor air quality problems (possibly 20 percent in the U.S., according to one study). In California, dangerous indoor air quality and sick building syndrome are a growing area of law for lawyers in the areas of personal injury, real estate, construction, homeowner associations and business.
Those who board horses in New York, or who allow others to board horses in their stables, occasionally find themselves in legal disputes. Since equine law has grown far less commonplace than it would have been in the 19th Century, it may be difficult to find resources of information on this topic. In fact, most states do not have any statutes expressly dealing with boarding horses outside of animal cruelty provisions and zoning regulations.
On January 1, 2015, one of China's most notable attempts in recent years to harmonise economic and social development with environmental protection, came to fruition with the implementation of the new PRC Environmental Protection Law (the “EPL”). This new law was brought into motion on March 2014 at the Annual Session of the National People’s Congress in where China declared war against pollution and emphasised the importance of amending its EPL with this aim.
Roughly four in ten Americans are at risk of suffering health effects due to poor air quality, according to the American Lung Association’s recently released State of the Air 2015 report.
As stated by the government, geological study is one of the priorities of industrial development of Kazakhstan. Despite the rich mineral resources, replenishing the mineral resource base remains as an urgent and serious problem for the state.
The general principles setting out the legal requirements for licensing are defined under Law No 4646 of Turkey. Accordingly, the entities to engage in market activities shall obtain a license for each activity and for each facility respectively, if the said activities are to be conducted in more than one facility, before starting operation.
ENTSO-E is a very essential step for uniting the EU Member States’ transmission grids. To define it briefly, it is the biggest Transmission System Operator throughout Europe. The ENTSO-E association has been established with the 3rd liberalization package in the light of the EU legislations.
Dry cleaners have been using a chlorinated solvent called perchloroethylene (PCE), also known as tetrachloroethylene, since 1934.
New coal ash regulations issued by the Environmental Protection Agency (EPA) in December, 2014 classify coal ash as solid waste, rather than hazardous waste. [“Docket No. EPA-HQ-RCRA-2009-0640”].
In last 10 years, energy experts have been working keenly on the establishment of a new private and competitive electricity market in Turkey.
In the "project development" stage, initial step for the investors, who wish to install a solar energy based generation facility, is the "site selection". Special attention should be expended on site location and grid connection point.
Perhaps fuel could be the quickest product to come in to mind when thinking about petroleum, but the list of petroleum products is long and includes numerous materials such as propane, liquid fuels blending such as kerosene, benzene, etc…lubricants, sulfar, asphalt and many more….Petroleum contracts through the history were designed with crude oil in mind, and this ethos still dominate the structure of the contracts up to this date.
In accordance with articles 213 paragraph 1 and 214 paragraph 1 of the Constitution of February 18, 2006 as amended to date, the President of the Democratic Republic of Congo ("DRC”) promulgated on the 21st November 2014 the Law No. 14/026 authorizing the ratification by the DRC of the Treaty relating to the Grand Inga hydroelectric project between the Republic of South Africa ("RSA") and itself.
Deforestation Tax in the Democratic Republic of the Congo: Problematic of Tax Liability of Mining Titleholders
For some time, mining companies in the Democratic Republic of the Congo are facing the National Forest Fund, (“Fonds Forestier National”), a technical and financial public establishment set up by the law N° 011/2002 of 29 August 2002 relating to the Forestry Code (“Forestry Code”) for the payment of the “deforestation tax” as a result of the deforestation made by them concerning the mining areas covered by their mining titles.
It is a sad fact, but every day thousands of companies around the world violate laws designed to protect the environment in order to cut costs and increase profits. If you suspect your company is doing so, or if you have witnessed the pollution yourself, you may be wondering what you can do to prevent it and whether there are any laws in place to protect you from the company's wrath after you do so.
Turkey’s importance in the energy market grows as a regional transit hub given its location between the oil rich Middle East, Caspian region, and Europe. Turkey is the home of the Bosporus and Dardanelles connecting the Black Sea to the Mediterranean.
Following the privatization of energy market in Turkey, in last 10 years, many big investors have lined up to obtain energy generation, distribution, wholesale and retail-sale licenses in order to make investments in energy sector due to its high profit potential.
Although the U.S. Environmental Protection Agency (EPA) has been bringing fewer criminal prosecutions against U.S. corporations, and their officers, for their failure to comply with environmental laws and regulations, the penalties imposed in these cases have become more severe.
By means of its geographical location, Turkey appears to be one of the sunniest countries in Europe, with the calculated solar radiation level quite similar to Portugal and Spain.
In terms of the power generation, using the natural gas takes first and the coal takes second place in Turkey.
Egypt has enormous mineral wealth, but it does not yet exploit it properly. This is because the participation rate of the wealth in the gross national product, according to the Ministry of Planning for the fiscal year 2013/2014 is estimated 4% only. This production percentage is nothing in relation to the wealth that Egypt possesses.
Singapore has recently expanded the scope of its Plant Varieties Protection Act ("Act") to extend the scope of plant varieties protection to all plant genera and species. The primary aim of this amendment is to encourage investments on research and development of new plant varieties, which have economic potential.
Polish Parliament intends to introduce concession for coal trade. Experts indicate: concession would be a poorly chosen medication for healing the situation. It will not solve the issue with the Russian coal and it will deadly threaten the Polish mining.
In the United States, a number of products like pharmaceuticals, cosmetics, and detergents are first tested on animals to determine what their effects are likely to be on humans. This has raised a number legal and ethical concerns among consumers. So, what are the laws regarding animal testing?
As exception to liberty of contracting and unlike a number of other industries, Turkey's petroleum industry imposes certain obligations to petroleum right owners in contracting the conduct of the petroleum operations. At the first glance this seems that it aims to strengthen the management of hazards by enhancing the safety however the liability imposed to petroleum right owners in case of contracting the operations still remains unclear in terms of limitation.
Especially after the drop in oil prices the companies that are in early stage of their investments have begun to get position aiming to turn into an advantageous investment and started to look to what extent the regulations allow them to transfer and grant their rights under Turkish Petroleum Law. This may be deemed also as an exit strategy for some from operational perspective as it parallels with the tendency around the world and has direct relation with oil prices.
Within less than a month, the latest amended “Environment Protection Law” in China will become effective. The said Law was passed by the Standing Committee of the National People’s Congress this April after three years’ amending process.
A look at the web of Chinese laws that potentially apply to the import of live animals into China.
Each year, millions of Americans consume billions of gallons of water. The boom in the bottled water industry was fueled, in part, by beliefs that bottled water was cleaner and more heavily regulated than tap water. But then a backlash by others in the media showed that much bottle water was simply tap water in a bottle. So, is one form of water more heavily regulated and safer than the other?
As part of exploration operations of multinational companies, wet lease agreements are gaining more importance especially in oil and gas industry and foreign carriers who takes part in such operations are still not clear about either their employees require work permit or not, in cases where they entered into a subcontractor and wet lease agreement with Turkish air carriers for air transport works to be conducted under exploration operations.
Anyone who has grown up near a park, nature preserve, or in a rural setting probably came across a wild animal that he or she wished to adopt. Whether it was a baby duckling, a squirrel, a raccoon, or even a bear cub, there are laws affecting raising wild animals.
The Turkish Petroleum Law, a touchstone for goals of attracting foreign investors to Turkish petroleum industry entered into force on 11 June 2013 and has been introduced as a revolution in oil and gas industry as it was leveling the playing field for foreign investors and removing the privileged rights of the state company.
Turkish Energy Market Regulatory Authority ("EMRA”) has announced on 1st October 2014 that the electricity manufacturing license holders producing electricity from renewable resources are required to submit their applications for Renewable Energy Resources Support Mechanism ("YEKDEM") for the year 2015 until 31th October 2014, in order to benefit from the facilities regulated by the related legislation.
Israel’s offshore Tamar and Leviathan gas fields in Eastern Mediterranean Sea have a significant discovery in order to meet Europe’s rising gas and energy need.
Company structuring in Turkey mainly focuses on two types; joint stock and limited liability companies. Alteration in partnership structure or share transfer of these kinds of companies shall be subject to commercial legislation.
Whether for heating or for electricity generation, energy is one of the indispensable resources in the world which plays an essential role in the politics as well as in the economy of a country.
In 2012, OECD has reported that economy-wide transformation will require cumulative investment in green infrastructure in the range of USD 36-42 trillion between 2012 and 2030, i.e. approximately USD 2 trillion or 2% of global GDP per year. Today more less is being invested annually. Therefore, a remarkable investment gaps exist that needs to be addressed.
The Obama administration has been cracking down on environmental regulations, particularly with regard to global warming. Faced with this increased pressure, the coal and electric industries are applying a new legal strategy they believe will allow them to take advantage of a loophole and prevent most EPA enforcement measures.
Turkey aims to utilize its energy potential, including renewable sources in a cost-effective manner. Today, Turkey targets the share of renewable resources in electricity generation to be at least 30 % by 2023.
The popularity of energy market has been maintaining its importance also this year like in the last decade. As the result of the open up of the private sector, all energy related industries has been grown up as the legal infrastructure contributed to get it.
The effect of climate change is not only an environmental problem today as it directly relates to the resource based industries. In today’s world, the scientific assessments lead the players of energy to reflect on their project viability. In direct proportion to the growth in financing renewable projects, insurance companies and underwriters are also expected to formulate their risk assessments on resource-oriented allocation models.
Have you purchased a piece of land only to discover after the sale that there was pollution on the property? Are you thinking of selling a house and wondering how much you need to disclose? Understanding the laws related to environmental disclosures can mean the difference between a costly lawsuit and a smooth transaction.
Turkey is one of the fastest growing economies among the emerging markets. Its 4% average growth rate throughout the last decade catapulted her in to a class of its own among the MENA region.
The recent growth of the Turkish economy that had sprawled to the entire last decade gave birth to a new phenomenon of energy price hikes. The country’s growing appetite for ever more energy supplies necessitates a coordinated action on the part of the regulatory authorities to make the energy prices to stay in a stable and predictable course.
By Kassouni Law
Should a property owner have to get a coastal development permit before he can close the gate to his private property? The Surfrider Foundation thinks so, and if it wins its current lawsuit against Vinod Khosla that could soon be the law of the land in California.
An overview of the domestic oil and gas sector, rights to oil and gas, health safety and the environment, sale and trade in oil and gas, tax and enforcement of regulation. It covers transfer of rights; transportation by pipeline; environmental impact assessments; decommissioning; waste regulations and proposals for reform.
An overview of the domestic mining sector in Mozambique, its regulatory structure and ownership, the environment and health and safety. It covers, foreign ownership and tax issues and proposals for reform.
New Legal framework applicable to the additional power and repowering energy produced by wind-power generation centres whose electricity is paid by the guaranteed remuneration scheme.
This article summarises the new law on ownership of water resources in Portugal which has recently come into force in Portugal.
In recent years, renewable energy market development became primary energy strategy of Turkish government with the intention of improving energy efficiency and decreasing energy import dependency. Particularly, solar power seems as fundamental resource of electricity generation in the near future. In terms of insolation Turkey possesses high potential among European countries.
Shale gas revolution has been driving US energy market by increasing economic and industrial competitiveness. Today, shale gas has gained acceptance as “bonanza” which triggered slump in gas prices and sparked off widening the energy gap between US and Europe.
Electric power is the most significant power source for industry, modern and prosperous life, and science and technological progress. Over the years energy experts have been working to produce electricity in harmony with both environment and human health.
There are several multilateral investment treaties and conventions which aim to protect foreign investment such as International Centre of Settlement of Disputes (ICSID) , the North American Free Trade Agreement (NAFTA) , Association of Southeast Asian Nations (ASEAN) , and Common Market for Eastern and Southern Africa (COMESA) .
Water rights in Georgia vary according to the amount of water withdrawn from the water source, whether it is a surface water source (river, stream, reservoir) or a groundwater source (aquifer).
According to the decision of Energy Market Regulatory Authority (EPDK) on 24 May 2012, EPDK is planning to accept photovoltaic power plant licence for total installed capacity of 600MW for production capacity by June 2013.
General information on Azerbaijani laws and regulations, including production sharing agreements, that apply to development of Azerbaijan's oil and gas reserves.
In recent years, several natural gas pipeline projects and natural gas import opportunities have come to the force in Turkey. After completion of the pipeline project TANAP, which is regarded as the biggest natural gas pipeline project investment in Turkey, approximately 6 bcm of natural gas of 16 bcm will be purchased by Turkey and 10 bcm of this quantity will be exported to Europe.
The Republic of the Congo, often called Congo-Brazzaville, is a country located in Central Africa. The Republic of the Congo straddles the Equator line and covers a surface of 342,000 km2 with a population of approximately four (4) million.
Current gas field discoveries covering Leviathan and Tamar gas fields induced Israel to scrutinize applied energy strategies in Mediterranean Sea. In the light of these regional developments Israel‘s imported natural gas dependency is expected to reduce whilst energy driven industries will be ignited by upward domestic natural gas resources.
Company establishment in Turkey is one of the initially asked questions by an investor before start up of an investment project. Even if the establishment procedures are subject to the provisions of the Turkish Commercial Code (“TCC”), some terms and conditions may vary from these provisions depending on the investment’s sector.
Turkey's ever growing energy needs relocates the mining industry to the center stage in Turkey's energy policy. However as the mining industry still commands the center stage for the satisfaction of Turkey's energy needs, its problems still linger and beg for solutions.
As is known,the renewable energy resources have gained great importance in energy production in Turkey as well as in the world. By reason of the exhaustibility of primary energy resources such as coal, oil and natural gas and import dependence on natural gas and oil, Turkey has been working on use of the renewable resources in electricity manufacturing and it is intended to increase the rate of renewable resources in electricity manufacturing up to 30 % until 2023.
On April 24, 2014, the Standing Committee of China's National People's Congress (“NPC”) approved to adopt the amendment to the Environmental Protection Law (the new “EPL”), the first amendment since the original EPL was enacted 25 years ago. It will take into effect on January 1, 2015.