Environmental and Natural Resources Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Environmental and Natural Resources.
Following the energy cooperation agreement between the Democratic Republic of Congo and the Republic of South Africa on 7 March 2013, the $ 80 billion hydro power project- “Inga Power Project” which will start in October 2015 is set to harness the power potential of the Congo River, sub-Saharan Africa’s greatest waterway.
Turkish economic growth that had been going on for more than a decade have created a strong economy that is based on high demand for energy.
By LPA Law Firm
Albania performs reasonably well overall with respect to the quality of its energy (electricity and natural gas) sector. The recent EBRD energy law reform dimensions assessment has shown with regards to the country’s electricity legislation that private sector participation and market framework are the key weaknesses, with regulatory independence being the key strength.
Turkey is rapidly becoming a very important market player in its own territory with ambitious targets in energy sector.
Turkish electricity market is rapidly transforming a competitive open market by consistent privatization and liberalization policies of Turkish government.
As is known, the petroleum explorations have come to the fore in Turkey within the discovery of new oil wells. Even if its oil production does not meet the oil demand, Turkey has been working also on reforms in oil market like in other energy sub-sectors.
Apart from the legal reforms and establishment of an energy exchange, privatizations are one of the energy market liberalization stages.
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?
For the purpose of meeting the energy gap of Turkey and of increasing of the energy production, adequate legal reforms have been made regularly by taking the market requirements and market situation.
Mostly, EPC Contracts will not provide for the handover of the facility to the project company until all commissioning and reliability trialing has been successfully completed.
Turkey has a very high foreign-source dependency in energy sector by 75% whereas natural gas dependency mounts to 98%.
As many other countries, Turkey also intends to increase the rate of renewable energy resources to 30 % in its power generation until 20231. In accordance with this, adequate legislative amendments and legal reforms in energy have been made since 2010 which provide diverse incentives to investors. Recently, the Council of Ministers passed a resolution concerning investments and domestic production in renewable energy.
The most promising sector in Turkey. Government's diversified energy policies will pioneer many energy areas.
The Draft of New Natural Gas Market Law provides incentives not only regarding the natural gas, but also regarding the LNG (Liquified Natural Gas) import and LNG terminal establishment.
Ukraine is the biggest country in Europe. It borders with Russia, Belorussia, Moldova, Slovakia, Romania, Hungary and Poland. It has on area of 603,700 km2 which is approximately equal to 5.7%territory of Europe or 0.44%of globe.
Since the motivation of being energy hub between Middle East and Europe , energy resources diversification is adopted by Turkish policymakers. Herein, Turkish government commenced to regulate renewable energy sector with new legislations and incentives.
The natural gas market structure in Germany as an example. The liberalization of natural gas market in Germany has begun in 2006 with new legislation, through which the German Power Supply Agency (Bundesnetzagentur) has been instructed to control the natural gas market.
Due to increase of energy demand, consumption and especially external energy dependence of Turkey, the requirement of new energy resources has come to the fore. Since the primary energy resources such as natural gas and petroleum are exhaustible, nuclear energy has been a preferred energy resource in the world.
Turkey intends to increase its natural gas storage capacity through natural gas storage projects. At present, the Natural Gas Storage Project in Tuz Gölü which is operated by project partners from Turkey and China is in progress and its completion is planned until 2018.
The part of the natural gas increases progressively in Turkish energy market due to its advantages, such that it has been subject to large projects.
The most significant characteristic behaviour of an emerging market is displaying volatility in electricity market. As a consequence of market price risks on electricity markets, market players keen on hedging risk by applying financial derivatives.
Turkey's extensive energy vision brought new developments on electricity, natural gas and renewable markets. The mainstream of Turkish policy makers is regulating the natural gas market with the objective to create competitive market conditions and pricing mechanism. The new draft on Natural Gas Market Law which is occupying the agenda since last year, will precisely act a prominent role on reconfiguring the market.
In order to assess waste products, expand the utilization of renewable energy sources for generating electrical energy and benefit from these resources in a secure, economic and qualified manner with reducing greenhouse gas emissions, Renewable Energy Law and Law on Utilization of Renewable Energy Sources for the Purpose of Generating Electrical Energy (“the Law”) has been recently amended in Turkey.
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?
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.
Legal cases involving agriculture, cattle, dairy herds, poultry, and other herds may revolve around various issues which can range from disease, genetics, and environmental concerns to water rights, crop injuries, personal injuries to persons working in these fields, and more
Lack Of Complete Diversity Of Citizenship Of Members Of Equine LLCs Requires Dismissal Of Federal Action
The issue of diversity of citizenship is of particular interest to equine ownership and contract disputes, because many equine-related entities are organized as limited liability companies (LLCs). The citizenship of LLCs is subject to a different rule than the citizenship of corporations, a distinction that may escape the attention of attorneys.
As of 02.10.2013, everyone will be able to produce his/her own electrical energy in certain amounts. Due to the Regulation on Electrical Energy Production without License which has been entered on 02.10.2013 into force, every residence may produce a certain amount of its electricity and sell the surplus.
New Regulation in Renewable Energy: Regulation on Support and Certification of Renewable Energy Resources - Turkey
Renewable energy resources support mechanism is operated for support of renewable energy production in Turkey as price-purchase guarantee. Accordingly, the state provides a purchase guarantee for renewable energy producers.
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 proved its aspiration with the liberalization of electricity market for being an energy hub in the heart of Europe and Middle East territory. According to Türk Eletrik İletim Anonim Şirketi (TEİAŞ) 2012 report, the electricity demand in Turkey will arise within the range of 398-434 billion kWh in the light of historical perspective in 2023.
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.
Located in the heart of West Africa, Burkina Faso, a Sahel country is among the group of least-developed countries. With a population of more than 14 million of whom more than 80% live on activities directly or indirectly related to land, the country of upright people, like other Sahel countries, is confronted to emerging environmental problems.
On April 4, 2013, the Council of Ministers of Gabon adopted a draft law regulating the mining sector, which aims to reform the mining sector of Gabon by introducing a new institutional, fiscal and technical framework.
This article offers an overview of the key legislation and regulatory structure governing the oil and gas sector in Angola and was written as part of a publication on the oil and gas sector for Freshfields Bruckhaus Deringer.
This Q&A guide gives a high level overview of the domestic electricity market in Bulgaria, including domestic electricity companies, electricity generation and renewable energy, transmission, distribution, supply and tax issues. It covers the regulatory structure; foreign ownership; import of electricity; authorisation and operating requirements; trading between generators and suppliers; rates and conditions of sale and proposals for reform.
The moratorium on alienation of Ukrainian farm land has long prevented meaningful foreign investment into the Ukrainian agricultural sector. To somehow obtain access to agricultural land, instead of outright ownership foreign investors had to register Ukrainian companies that entered into lease agreements with landowners, most with a “right to buy” option if and when the moratorium will be lifted.
The DR Congo New Agricultural Law N° 11/022 of December 24, 2011 Is Currently Being Amended and Supplemented
On December 24, 2011, the Democratic Republic of the Congo (“DRC”) enacted a new agricultural Law, n° 11/022, (the “Law”) that sets broad guidelines for the agricultural sector. Since its entry into force on June 24, 2012, the Law has been a source of concern for foreign businesses operating in the agricultural sector because of its ownership clause which restricts foreigners’ access to farmlands.
Burkina Faso is a landlocked country in West-Africa and surrounded by six countries: Mali to the north; Niger to the east; Benin to the southeast; Togo and Ghana to the south and Ivory Coast to the southwest. Burkina Faso is rich in natural resources and is emerging as one of the most attractive mining destinations in Africa especially for gold exploration and exploitation.
The Ownership of a Mine after Termination of Mining and Quarry Rights - Democratic Republic of Congo
The purpose of granting of a Mining Permit, a Small Mine Exploitation License, and Exploitation License for Tailings or Authorization for Permanent Quarry Exploitation, collectively referred to («mining and quarry rights») is principally to grant to their titleholders the right to mine natural or artificial deposits located above or below the concerned mining perimeter.
Before the social movements of plunder and anti-plunder of 1990s, wars and other civil revolts, the Republic Democratic of the Congo, (“DRC”) was among the most industrialized countries of Central Africa.
By Karbal & Co.
Forty-two years of the Kaddafi regime’s apathetic attitude and incoherent economic development strategies left Libya as one of the least developed of the oil producing countries.
On 9 January 2012, the President of Kazakhstan signed the Law "On Gas and Gas Supply", which has no analogue in the legislation of the Republic of Kazakhstan, since earlier this sector was governed by the subsoil laws and a range of governmental resolutions. In this Article, we would like to inform on the important legal changes, which may affect activities of companies working in the gas industry.
Local Government of DKI Jakarta has issued the Governor Regulation of DKI Jakarta Number 38 of 2012 on Green Building (“Governor Regulation No.38/2012“) the regulation regulates the implementation of the concept of energy efficiency and environmentally buildings. Green building means a building that is responsible against environment and resource efficiency since the planning, construction, utilization, maintenance, until deconstruction (Article 1 number 11 of Governor Regulation No.38/2012).
In keeping with GRATA Law Firm’s policy of keeping clients informed of important legal developments that may affect their business, we would like to draw your attention to recent changes in Kazakh legislation in connection with the adoption of the new draft law entitled "On the Main Pipeline".
Shale formations are an invaluable resource when it comes to natural gas and oil. The side effects of drilling in these shale deposits, however, can be costly. Shale is a type of rock which is made out of mud, clay, and fragments of other minerals. Shale is characterized by the thin layers make up the rock, meaning it can easily splinter and flake.
The mining code of the Democratic Republic of Congo [DRC] provides for a possibility of leasing and assigning mining and quarry rights. Since mining and quarry rights, as expressed in mining and quarry permits, are real and exclusive property rights, it is possible to lease and assign these rights, although under the restrictions set out in the Mining Code.
Environmental Audit, One of the Conditions for Mining Operations in the Democratic Republic of Congo
Mining is a key sector and continues to grow in several part of the world including in the Democratic Republic of Congo [DRC]. Legislation for mining may require an environmental impact assessment to be carried out before a mine is developed, and that a mine be developed and operated in an environmentally sound manner with the least impact on the environment. This paper gives insights of the environmental audit for mining operations in the DRC.
On the way to the European integration, and by virtue of the determined Ukrainian policy towards energy independence, the Ukrainian Government is taking significant steps to improve Ukrainian energy sector. Currently, important changes are being introduced in the oil-and-gas industry. This has already encouraged global oil-and-gas companies such as Exxon Mobil, Shell, Chevron, and Eni to commence investment activity in Ukraine.
Turkish Cabinet has announced a new decree on 15th June 2012, numbered 2012/3305 and published on official gazette of 19th June 2012.
The photovoltaic market in Greece offers great opportunities for investors, as it is expected to rise significantly within the coming years. Greece has grown to be one of the major investment destinations for solar energy production in the European Union; it is the southernmost country of EU, with almost 300 days of sunshine per year, and thus a massive potential for photovoltaic investments.
Environment laws protect our natural resources by regulating businesses that have the potential to impact them. Due to the importance of these laws, the Environmental Protection Agency was formed as a federal agency whose main task is to control and decrease pollution by researching potential hazards, monitoring companies that may cause environmental harm, setting standards of practice to minimize environmental impact and enforcing punishments for those who violate environmental regulations.
Ukraine has long been called “the bread-basket of Europe,” and for one excellent reason: its fertile, black soil. The estimated value of this treasure is anywhere between 40 and 80 billion dollars. The only problem with investing in such an obviously profitable business was an artificial bureaucratic/legislative barrier commonly known as the “moratorium on alienation of farm land” (the “Moratorium”).
General overview of Kazakhstan in World Mineral Industry. - Kazakhstan ranks second only to Russia among the countries of the CIS in its quantity of mineral production. It is endowed with large reserves of a wide range of metallic ores, industrial minerals, and fuels, and its metallurgical sector is a major producer of a large number of metals from domestic and imported raw materials.
According to legal reports, the Texas Supreme Court has recently passed down a landmark decision on water rights in the lone star state. Reportedly, the crux of the decision is that landowners own the water which is beneath their property. Sources say that after two years of litigation and speculation as to what the court might do, a decision was handed down on February 24, 2012.
If you've been bitten by someone else's dog, and you are considering filing an injury claim against the dog's owner, you need to understand Oregon dog bite laws and how to prove negligence. Dog bites can be serious injuries, and cause both physical and emotional harm. But a dog bite victim will have trouble getting compensation unless he or she can prove the dog's owner had reason to believe the dog was dangerous.
Environmental inspections: practical recommendations for subsoil users on supporting and appealing environmental inspections (as amended by the Law of the RoK ‘On state control and supervision in the Republic of Kazakhstan’ dated 06 January 2011).
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to the recently enacted Law of the Republic of Kazakhstan 'On Supporting the Use of Renewable Energy Sources' aimed at the creation of legal framework for the use of renewable energy sources in Kazakhstan.
Flaring, Disposition and Processing of Associated Gas in the Course of Oil Operations: Legal Provisions
Law of the Republic of Kazakhstan 'On Subsoil and Subsoil Use': a head for the processing of associated and natural gas. One of the most serious environmental and economic problems connected with oil operations in Kazakhstan is the refusal to flare associated and natural gas in fields and the transition to its processing. Even in the recent past, gas flaring has been a part of the process of oil companies in Kazakhstan and occurred in almost all fields.
In line with GRATA Law Firm’s practice of keeping clients informed of important legal developments that might influence their business, we would like to draw your attention to prospective changes in Kazakh legislation in connection with the new draft Law “On Amendments and Additions to Certain Legislative Acts of the Republic of Kazakhstan Relating to Environmental Issues”, aimed at engagement of Kazakh companies to implementation of the Kyoto Protocol mechanisms.
Reasons for termination of a contract by a subsoil user. In practice, though rather seldom, there are such cases when due to certain reasons a contractor (subsoil user) decides to terminate the subsoil use contract. Such a situation may arise, for instance, in the following cases:
Energy sector of Kazakhstan is currently operating under difficult conditions when there is a gradual depletion of conventional energy sources (oil, gas, coal, production of which is an expensive business), on the one hand, and developing and growing of the world entered policy of the eco-friendly power production with the use of renewable energy sources, on the other hand.
Geostrategic and financial interests regarding gas exploration and exploitation
EU labor law in offshore gas-drilling operations has been recently challenged in the case of Salemink v. Raad van bestuur van het Uitvoeringsinstituut werknemersverzekeringen, in the judgment of the Court’s Grand Chamber in January, 17, 2012.
As part of their efforts to prevent the injurious consequences of high greenhouse gas emissions, legislators in California passed regulations requiring producers, refiners, and importers of diesel and gasoline to reduce their carbon footprint by 10 percent over a decade. In late December, a federal judge issued an injunction preventing California from enforcing its rules on the grounds that California's regulations were in violation of the Commerce Clause in the United States Constitution.
Texas fracking disclosure law goes into effect February 1, 2012. According to reports, on February 1, 2011, Texas drilling operators will be required to begin reporting many of the chemicals used in a process known as hydraulic fracturing. Industry sources say hydraulic fracturing is a process in which a mixture of water and chemicals is shot into the earth in order to recover excess oil and gas.
To improve domestic production in Indonesia, the Government of the Republic of Indonesia (“GOI”) has issued regulations on the local content requirements for the procurement of goods and services in all government projects including electric power plants.
On 4 February 2004, Ukraine ratified the Kyoto Protocol to the United Nations Framework Convention on Climate Change. This gave Ukraine an opportunity to engage in various types of projects purported at reduction of greenhouse gas emissions (the “GHG emissions”), in particular and especially joint implementation projects (the “JI projects”).
The “green” tariff for electricity (also known in many other jurisdictions as the “feed-in” tariff) was introduced in Ukraine relatively recently – only in 2008. Since that time it has evolved substantially and now appears to be quite mature in terms of the legislative base.
Being bitten by a dog can leave not only physical scars, but psychological scars as well. An experienced Arizona dog bit attorney knows that once an individual has been bitten or attacked by what they perceive to be a vicious dog, they will likely never feel the same about 'mans' best friend' again.
Turkey is currently an energy-dependent country, with approximately 70% of its energy being supplied from imported sources. More investment in renewable energy has thus become vital for Turkey.
This article shares the views on the Foreign Investment Operations in the Democratic Republic of Congo including Employment, Business Taxation, Environment, Physical Planning, Health & Safety, Consumer Protection, Competition Policy & Law, Monetary Policy, Foreign Exchange and Foreign Investors, Public Procurement, Intellectual Property, Investment Protection and Dispute Settlement.
This articles discusses the Investment Legislation and its Reasoning; Foreign Investment Establishment, Registering and Licensing Processes; Registering a company; Establishing a Bank; Investing in the Mining Sector; Mining Prospecting; Mining Exploration; Investing in the Forestry, Gold and Diamond Sectors; Foreign Employment & Residence and; Foreign Investor Access to Land and Property Rights within the Democratic Republic of Congo.
A listeria outbreak linked to cantaloupes has affected people throughout the United States and spread to California. California has long provided broad protections to consumers who have suffered the personally injurious consequences of food borne illness, but the new case raises interesting questions concerning which parties could be held responsible for the outbreak, explains an attorney.
Over the years, as high levels of Methyl Tertiary Butyl Ether (MTBE) were discovered in water supplies throughout California and other states and the environmental and personally injurious health risks of the chemical studied, several lawsuits were filed against the oil companies responsible for the contamination. However, multiple legal issues concerning liability arose throughout the course of the litigation, explains an attorney.
Introduction - Environmentally sustainable management at an international level requires reliable information on the natural environment, as well as sharing of knowledge on the social, economic, legal and political systems. Environmental impacts of human activities on the deep sea floor are of increasing international concern.
Petroleum Market Law numbered 5015 has been enacted at December 4, 2003, within the efforts performed to institutionalize the market economy and improve the competitive environment in order to update the current legal regulations in the petroleum and petroleum product industry and regulate the markets.
When buying renewable energy credits (RECs), purchasers should make sure to negotiate a short but critical set of REC-focused representations and warranties. These representations and warranties are promises regarding the REC itself or the seller’s ownership of the REC.
The Connecting Europe Facility (CEF) Regulation and its impact on Cyprus Republic. The European Commission adopted on October 2011, a plan with a huge budgetary importance of around 50 billion euro aiming at improving EU’s transport, energy and networks.
California law imposes a strict liability rule in dog bite cases, which means that an owner is always liable for any personal injury caused by his or her dog, even in situations where a dog has not bitten before, explains a lawyer. While owners may be held liable for their dogs under California's dog bite statute, as well as under negligence rules and the negligence per se doctrine, holding animal control responsible for a dog attack becomes a much more complicated proposition.
By MMLC Group
This article looks at the main regulators and laws involved in carrying out construction projects in China. It also provides some useful tips for project owners to keep in mind when dealing with construction projects in China.
Under California Penal Code § 597, one can be charged with either felony or misdemeanor animal cruelty or neglect. There is no standard jury instruction on this offense, so in each trial, counsel must devise their own instruction, which can lead to confusion. Nowhere was this epitomized more clearly than in the case of Manuchehr Rizati.
New legislation to present abuses to the disclosure of deals. New rules were adopted September 14, 2011 by the European Parliament to prevent abuses in wholesale energy trading for the final protection of consumers. According to the legislation, wholesale trading will be monitored independently across the EU, in order to enable Member States to prevent and punish anti-competitive behaviors.
Following the implementation of the 6th Environment Action Program (EAP), which was adopted on 22 July 2002 and provided the framework of EU’S Environment legislation and extended the Natura 2000 network, the European Commission adopted on 31 August 2011 the final assessment of the 6th EAP (2002-2012).
Based on Eurostat’s researches, the Republic of Cyprus disposes a very promising feedback from the energy saving and the renewable energy schemes, as more and more people apply for the available funding.
Law Practice Optimization and the Green Campaign: A Paperless Environment in the Law Firm for the 21st Century
Legal Practice Optimization or Law Practice Optimization (LPO) is the answer of the legal technology industry to the challenge the world faces for an eco-friendly work environment. It may be relatively new to many but this innovative way of managing the workplace is the first step any lawyer should take if they are keen to ensure the existence of a healthy planet for their children.
In the State of California, every dog owner is legally required to have their pet vaccinated regardless of the animal’s health condition. Certain animal rights advocates and an assemblyman think that the present animal regulation laws in California are not pro-animal at all.
Much was said and written about the need for Ukraine to re-structure its energy sector and implement the best European practices in its energy policy. However, very few actual steps were taken to modernize the regulatory framework and make energy regulations compliant with the EU legislation.
Recently, many local and international investors request to obtain more information as regards Turkish Natural Gas Market Law. The main aim of this article is to ensure a brief overview on Natural Gas Market Law in Turkey and accordingly to inform the readers concerning essentials of the legal structures such as the sources of natural gas market law, the type of natural gas market licenses, administrative procedures, administrative fines and sanctions and competition.
“A general overview on Oil Market Law in Turkey” by Att. Arzu Ongur Ergan
In March 2011, the European Commission adopted a plan for saving more energy through concrete measures. Energy efficiency is a key tool to strengthen Europe’s competitiveness and reduce energy dependence, as well as the level of emissions. The measures proposed aim at creating substantial benefits for businesses and public authorities.
On 19 July 2011, the European Commission issued a list of the first sustainable voluntary schemes for biofuels recognized directly in the 27 EU Member States. According to the Energy Commissioner, Günther Oettinger, the EU has to secure the entire biofuels production and supply with the highest sustainability standards in the world under a transparent and reliable system.
On 30 May 2011 the Danish parliament adopted the proposal for amending the Subsoil Act to implement the applicable EU rules on CCS that were passed by the EU in December 2008 . The article describes the new provisions that entered into force on 1 June 2011.
In densely populated urban areas, where available land is very limited, it is necessary to develop residential in the form of strata title to provide a complete, balanced, and harmony with its surroundings.
Digging even a few inches in the wrong spot may impact your health and wallet.
Animal attacks are classified as personal injuries; hence, liability can be apportioned to those who failed to take control of the animals they are supposed to take care of.
It is not recommended to think, ...that the idea of using solar power for mechanical operations is recent. (1)
The Democratic Republic of Congo has a name chiefly for its mining potentialities which make it a real “geological scandal”. It possesses an extremely varied range of minerals which offers enormous possibilities of exploitation faced with an exploding global demand – case of demand of Asian emerging countries. All kinds of minerals are found here: diamond, gold, colombo tantalite, copper, cobalt, tin, iron, petroleum, methane gas, manganese, coal, bauxite, asphalt schist, and so on.
I give the experimentalist’s answer to the very fundamental but very familiar query: “What is electricity?” His answer is naïve, but simple and definite. He admits at once that as to the ultimate nature of electricity he knows nothing. –Robert Millikan, American Nobel Laureate in Physics
California AB 32 Cap and Trade Law and Foreign Offset Credit Programs under Air Resources Board Regulations
Foreign Carbon Offsets under California’s AB 32 Cap and Trade Law by Memorandum of Understanding with Developing Countries and Least Developed Countries under Proposed Regulations from California's Air Resources Board.