environmental protection

Planning and environmental damage

The act of planning and preparation for a venture cannot be regarded as an “activity” causing an imminent threat of environmental damage.

Optimal transaction structure and environmental risk

Selection of the structure for transactions typically depends on business conditions and tax considerations, but findings made in environmental due diligence are also beginning to play a greater role.

Water: A commodity or a fundamental human right?

Water covers about 71% of the planet, but only some 5% of water resources (excluding seawater) are privately controlled. The water market is valued at some USD 800 billion per year and attracts increasing commercial interest.

End of the procedure for transferring rights and obligations under emissions permits?

The Sejm has passed an amendment eliminating the administrative procedure for transferring permits. When it comes into force, the acquirer of an installation will automatically assume the rights and obligations under the permits for the installation.

Between legal and environmental due diligence

Before a transaction, an investor will often hire consultants to conduct environmental due diligence. The environmental impact of business operations are also an element of legal due diligence. How are these two types of due diligence interrelated?

Contractual clauses concerning environmental aspects of M&A transactions

Properly constructed contractual provisions should adequately secure the interests of the parties in the event of environmental violations. They are relevant to nearly every deal.