Industrial plant investing in a modern paint shop

Situation
The client needed a decision on environmental conditions (environmental decision) for a paint shop that had already been partly built. When we joined the project, the proceedings were underway and the original application contained errors. The Regional Director for Environmental Protection (RDOŚ) had refused to approve the project, and at that stage the application could no longer be saved. The investment also faced local opposition, and an intervention by the building control authority further complicated the proceedings.

Our role
We developed a new strategy and led the entire process, directing a team of lawyers and technical experts in cooperation with the client’s team. We advised withdrawing the original application and obtained a favourable interpretation from the General Director for Environmental Protection (GDOŚ), which cleared the way for filing it again. We prepared new, complete environmental documentation from scratch, built to withstand challenge. We secured RDOŚ approval for the project and the issue of the environmental decision at first instance, despite repeated attempts to undermine the documentation and the correctness of the proceedings. We then defended the decision before the Self-Government Board of Appeal (SKO), demonstrating in our response to the appeal that all the objections raised were unfounded.

Result
After more than two years, the client obtained a final environmental decision. The decision sets a precedent: we convinced the authorities that an environmental decision can be issued for a project that has already been partly built. It shows how to take over stalled proceedings, get them back on track and successfully defend the outcome.

Are your environmental proceedings stuck, or is your investment facing local opposition?Get in touch with us.

Team

Ewa Rutkowska-Subocz

Partner
Attorney-at-law

Ewa Rutkowska-Subocz

Jacek Piecha

Partner
Attorney-at-law / PhD in Law

Jacek Piecha

Katarzyna Szadkowska-Piergies

Partner
Attorney-at-law

Katarzyna Szadkowska-Piergies

Bartłomiej Cherka

Lawyer
Attorney-at-law

Bartłomiej Cherka

Security of the investment process

Many investments are not stopped by regulations – they are stopped by public protests, the actions of environmental organisations, prolonged proceedings, and risks that were not properly managed. We advise investors at every stage of the investment process, from the first decision through to effective defence before the courts in any disputes that may arise.

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