Environment & Climate Change updates

Austria

Contributed by Schoenherr Attorneys at Law
Right to clean air – latest developments
  • Austria
  • May 07 2018

In general, the Austrian legal system does not give individuals the right to force the legislature to act in a specific way or pass concrete laws. Normally, only political pressure can combat inaction. However, when it comes to air quality, things are different. The Austrian Higher Administrative Court has declared that individuals who live in a territory where the air pollution limits are exceeded have the right to demand that measures under the Air Immission Protection Act be enacted or amended.

New outlines for water management and planning
  • Austria
  • October 02 2017

The first update and review of Austria's national water management planning instrument has revealed that the objectives of the EU Water Framework Directive will be achieved neither to their full extent nor in a timely manner. Nonetheless, the National Water Management Plan 2015 is a useful and comprehensive document that contains extensive information for all stakeholders and sets out the next steps to achieve the ultimate goal of restoring Austria's water bodies.

Constitutional Court raises hope for third runway at Vienna International Airport
  • Austria
  • July 17 2017

The Constitutional Court recently reached a landmark decision and overturned the Federal Administrative Court decision which had rejected the permit for a third runway at Vienna International Airport on the grounds of climate protection and land use. This decision is significant in that it has far-reaching consequences for many other projects beyond the scope of the third runway. It is also relevant to Austria as a business hub.

Climate impact: game changer for third runway at Vienna Airport
  • Austria
  • May 08 2017

The Federal Administrative Court recently hindered the plans for a third runway to be built at Vienna Airport, explaining that the positive aspects of the project could not justify the extra carbon dioxide pollution. The decision was reached despite the court conceding to the fact that air traffic will increase in the future and thus a third runway is necessary. This may be the first time that any court worldwide has rejected a project due to climate protection.

Court rules on rights in environmental impact assessment
  • Austria
  • January 16 2017

The Federal Administrative Court recently addressed whether the party to a winning project in a conflict procedure was entitled to claim rights in the environmental impact assessment for the inferior project. The court ruled that, on the one hand, the legal standing of a party in a conflict procedure is not strictly restricted to that procedure. On the other hand, the court found that being party to a conflict procedure does not guarantee unlimited legal standing in the approval procedure of the other project.


Chile

Contributed by Montt y Cia SA
SoE orders permanent closure of Pascua Lama mine
  • Chile
  • March 26 2018

The Superintendence of the Environment (SoE) recently issued an environmental resolution ordering the permanent cessation of Compañía Minera Nevada (CMN) SpA's Pascua Lama mining project. After having considered the background and evidence provided during the investigative process, the SoE ordered the permanent closure of the mining site based on a number of breaches and imposed a series of fines. CMN SpA has filed a complaint against the resolution.

Supreme Court decision on completion of title for water rights
  • Chile
  • January 15 2018

A recent Supreme Court of Justice decision required the applicant in a proceeding initiated to complete the good and legal title of surface water rights to notify all holders of water rights in the same watershed to which the application referred. Failure to involve other rights holders in the same river basin in the respective proceedings, as required by this decision, could render subsequent proceedings obsolete and thus result in the loss of considerable time for the applicant.

Green tax on industrial emissions approved
  • Chile
  • October 23 2017

Congress recently approved a tax reform that introduced a new Pigovian or green tax and amended income and indirect tax rates. The green tax will apply directly to emissions derived from industrial processes that result in environmental damage. The new tax will be implemented before the end of 2017 and will affect industrial establishments that use boilers or turbines.


China

New measures further reform pollutants discharge permit system
  • China
  • April 09 2018

The Ministry of Environmental Protection recently issued new administrative measures concerning pollutants discharge permits. In addition to providing the issuance procedure for such permits, the measures stipulate penalties for various violations. The promulgation of the measures will likely be viewed as a signal of more stringent legislative control over enterprises' environmentally sensitive activities.


Denmark

Denmark ratifies Hong Kong convention promoting environmentally sound ship recycling
  • Denmark
  • October 03 2016

Denmark recently ratified the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, which aims to ensure that ships being recycled at the end of their operational lives pose no unnecessary risk to human health and safety or the environment. It is hoped that the convention will help to set global standards to ensure that ships are broken up safely.


Italy

New rules on dredged sediment management introduced
  • Italy
  • December 05 2016

Two new ministerial decrees regarding dredged sediment management were recently published in the Official Gazette: Ministerial Decree 172/2016 on the methods and technical standards for dredging operations in remediation sites of national interest and Ministerial Decree 173/2016 establishing the procedures and technical criteria for the disposal of dredged materials at sea.

Council of Ministers approves regulation on uncontaminated excavated soil
  • Italy
  • October 03 2016

The Council of Ministers recently approved a new regulation on uncontaminated soil and other naturally occurring material excavated in the course of construction activities. Under the regulation, different rules will apply depending on whether the soil and material will be used on the site where they were excavated or elsewhere.

Courts establish environmental and safety obligations under precautionary principle
  • Italy
  • August 01 2016

During the past two decades, the precautionary principle has played a major role in shaping Italian environmental and safety policies which influence industry requirements. The precautionary principle requires that some action be taken to handle serious and identified environmental risks, and recent Constitutional Court and High Administrative Court decisions have addressed the problem of how to establish the level of environmental protection required.