BAT conclusions impose stringent environmental standards I cannot meet immediately – how do I obtain a derogation while also defending my integrated permit against NGO challenges?
Client
Large Polish energy group
The situation
The BAT (Best Available Techniques) conclusions for large combustion plants, published by the European Commission in August 2017, introduced new, demanding emission standards for power plants across the EU. Operators of installations that cannot immediately comply with the new standards had the option of applying for a derogation, but the procedure was complex and administrative authorities had no prior experience with applying it. Additionally, proceedings for the issuance of integrated permits were being actively challenged by environmental organisations. A large Polish energy group urgently needed advisory services for two of its power plants.
Our role
We were the first team of lawyers on the Polish market to advise a client on implementing BAT conclusions for LCP (Large Combustion Plants). Previously, in 2017, we had prepared for the Ministry of Environment – in consortium with EY Business Advisory and Energoprojekt Warszawa – a guide to applying BAT conclusions and derogations from their standards, which became a reference document for the entire market. For the client we performed: analysis of the operations of both power plants against the new BAT requirements, identification of areas requiring adjustment, development and implementation of a solution securing a derogation until the modernisation works were completed, and representation in the administrative proceedings – including defence against the active efforts of environmental organisations challenging the issuance of the integrated permits.
The result
This matter is one of the first cases in Poland combining simultaneously the implementation of BAT conclusions, a derogation procedure and active court proceedings involving NGOs. It is a classic example of a matter in which an environmental law firm must simultaneously manage regulatory, technical and litigation fronts.
Does your energy or industrial installation need to comply with BAT conclusions? We have unique experience – we were first to market in this area.
Environmental protection
Environmental regulations affect not only compliance, but what matters most in business: the pace of investment, operating costs, and security. In this area, knowing what the law says is not enough. You also need to know how to translate it into concrete actions and sound decisions.
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