Environmental and Natural Resources Law Articles
Articles written by attorneys and experts worldwide
discussing legal aspects related to Environmental and Natural Resources.
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.
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.
Since 1992, the European Union has operated three programs of product designations in order to promote and protect the names of quality agricultural products and foodstuffs. They fall into two categories: those linked to a territory and those relating to a particular production method.
This article looks at the major legal issues associated with China's seed industry, as well as provides a snapshot of the main Chinese entities and government departments that are involved in the seed industry.
Nigeria is endowed with numerous mineral resources such as talc, iron ore, bitumen, gold, rock salt, gypsum, lead/zinc, coal, gemstones, kaolin, tantalite, bentonite and baryte located in different parts of the country in commercial quantity
Nigeria had in the past years engaged in Joint Venture Agreement (JVA) for the exploration of her petroleum resources.
Recently, the court obliged an importer of puppies from Uzbekistan to pay over 100,000 NIS to the "Let Animals Live" (Tnu L'Chayot Lichyot) foundation, for various expenses that the foundation bore after the puppies were imported to Israel.
The amendment of the PRC Renewable Energy Law (the “Amendment”) has been adopted on December 26th, 2009, and shall come into effect as of April 1st, 2010.
On September 25 2008, Tianjin Climate Exchange (TCX) was set up in the Tianjin Binhai New Area, which is a joint venture between Chicago Climate Exchange (CCX), the municipal government of Tianjin and the asset management unit of Petro China.
On 29 December 2010, the Turkish Parliament finally passed the long-awaited Law Amending the Law on Utilization of Renewable Energy Sources for the Purpose of Generating Electrical Energy (the “Amended RES Law”). The Amended RES Law was enacted to incentivize more investment in this field. Despite criticism, the extent to which the Amended RES Law will be successful in achieving this purpose is yet to be tested.
On December 9th, 2010 came into force the new Royal Decree (RD 1614/2010) which governs and modifies certain aspects of electricity generation activities in Spain which use solar thermoelectric and wind power technologies; this law's aim is to contribute to the economic sustainability of the system.
Mobil Corporation's claims in international arbitration against Venezuela's national oil company raises issues common to all commercial transactions that cross borders.
Mainly, the mining industry comes under the control of is the Mining Code and the ancillary Mining Regulation. This legislature is in general application throughout the entire country and offers some tax advantages and incentives available to private parties that perform mining activities.
The main aim of this brief article is to give a bird view on energy laws of Turkey and Bulgaria in a comparative manner.
The Minister of Economic Affairs and Communication stated recently that support for renewable energy should be reduced. It is commendable that politicians are thinking about ways to reduce the price of electricity. But before going to all the trouble of amending laws, decisions should be carefully analyzed.
The effects of oil spills on human and aquatic life remains so grievous and almost irreparable if not properly handled. Effective clean-ups and reclamations of affected areas usually take long time and requires much effort and consistency.
In accordance with assessments carried out by the United Nations Organization, the industrialization processes initiated more than a century and a half ago, and in particular the increasing combustion of petroleum, gasoline and coal, as well as forest lumbering, have been the main causes of climate change.
No one lost more than those 11 workers who died on April 20 in the massive explosion that engulfed the offshore oil rig in flames and sent it into the then-blue water of the Gulf. Their loss of life has been largely overlooked in the nonstop media coverage that has followed in the weeks since the catastrophe. The workers who suffered severe injuries in the explosion have likewise been ignored.
The Coast Guard has called off its search for 11 oil rig workers missing after the explosion of Deep Water Horizon last Tuesday. Assumed dead, the 11 missing workers join 17 other victims injured in the accident - four of whom remain in critical condition.
There are myriad concerns surrounding the BP oil spill in the Gulf of Mexico, chief among them is the current and potential harm to the ecosystem. Not only did 11 workers lose their lives in this catastrophe, but also there is the possibility that more people will become sick due to the chemicals BP is using to control the oil spill.emicals BP is using to control the oil spill.
The article aims to explain the institutions and organizations which are responsible for electric distribution and transmission in Turkey and their legal grounds by taking account of their duties and hierarchic structures 4628 numbered Act defined the main frame of the institutions and organizations which are responsible for electric transmission and distribution.
This article looks at the key players in this industry, as well as summarizes the major regulations applying to this industry. It is a snapshot.
This article looks at the main players in China's fledgling solar power industry, and the key regulations and government policies affecting the development of the industry.
Florida's Governor encourages residents to file claims for compensation.
The owners of the Deepwater Horizon Oil Rig, Transocean Ltd, have filed a Petition For Limitation of Liability in the United States District Court for the Southern District of Texas.
Update of Italian Guidelines on Rapid Alert System for Food and Feed: some explanation in a shaded internal legislative framework.
By L.I. Group
Monopoly is the phenomenon of economic relations, inseparably connected with relationships of public interests and interests of monopolies.
The main purpose of this article is to inform readers about settlement of energy disputes that arise in Turkey by international arbitration method and in particular ICSID arbitration process.
Mining is one of the best areas of investment in Ethiopia. If you wonder to know the legal requirements of mining investment in Ethiopia here are the details.
Regulation of Minister of Energy and Mineral Resources No. 28 of 2009 on The Conduct of Mineral and Coal Mining Services Business (the “Minister Regulation”) is issued in Jakarta on September 30, 2009. This Minister Regulation is the implementing regulation of Article 127 of Law No. 4 of 2009 on Mineral and Coal Mining (the “Mining Law”).
Formerly, mining was regulated with Law No. 11 of 1967 on Basic Regulation on Mining (“Law No. 11 of 1967”). But with the highly development of mining, nationally and internationally, Law No. 11 of 1967 is no longer suitable with the conditions nowadays. That is why there is the need for changes of regulation on mineral and coal mining which could manage and utilize the potential of mineral and coal in Indonesia and could ensure a continuous national development accordingly.
Indeed, one of the three issues considered the “pillars” upon which upstream oil and gas investments are based is the fiscal regime of the host State. In other words, an investor in an international petroleum transaction intending to invest in a petroleum regime would conduct its due diligence before committing risk capital by looking at, amongst other things, the issue of ‘government take’ versus ‘ investor take’.
This article discusses the racial discrimination southern black farmers experienced from the USDA.
A pet trust should be included as part of any good estate plan, just as a will, POS, HCP, and LW are the minimums everyone should have. The Helmsley debacle outlined some problems in her Pet Trust and will. Good drafting goes a long way.