Environment
Environmental law affects real estate, development, production, infrastructure and the living environment of communities. Law Firm Namm helps assess risks related to environmental permits, spatial plans, supervision, precepts and environmental disputes, and represents clients in negotiations, administrative procedures and court proceedings.
In environmental matters, it is often not enough to know whether an activity is permitted or whether an environmental impact exists. What may be decisive is the stage of the procedure, the decision that has been made, who is affected by it, whether the impact has been properly assessed and whether the challenge period is still open. Early legal analysis helps avoid a situation where an important objection or item of evidence is submitted too late.
Environmental disputes often arise from development projects, production, mining and extraction of mineral resources, infrastructure facilities, energy projects, waste management, water use, noise, odour, pollution or discharges into water. A dispute may concern an environmental permit, an integrated environmental permit, a spatial plan, environmental impact assessment, strategic environmental assessment, supervision, a precept, property rights, the freedom to conduct a business or the rights of local residents.
For a business, it is important that permit conditions are clear, practicable and proportionate. For a property owner, neighbour or community, it is important that public authorities take rights into account, assess significant impacts and conduct the procedure lawfully. We help prepare statements of position and objections, assess the prospects of challenging a permit or spatial plan, negotiate and, where necessary, represent the client before an administrative authority and in court. We work in Estonian, Russian and English.
How we help in environmental law
- Legal analysis of environmental permits and integrated environmental permits
- Advice on permit applications, permit conditions and applications for amendment of permits
- Participation in environmental impact assessment, EIA, and strategic environmental assessment, SEA, procedures
- Environmental law assessment of spatial plans, building permits and use and occupancy permits
- Disputes with the Environmental Board, local authorities and other administrative authorities
- Challenging precepts, warnings that a penalty payment may be imposed and state supervision proceedings
- Disputes involving pollution, noise, odour, dust and discharges into water
- Issues related to waste management, circular economy and production requirements
- Issues related to water use, water protection, emissions and discharges
- Legal risks of mining, infrastructure and energy projects
- Protection of the rights of property owners, neighbours and local residents
- Assessment of the balance between the freedom to conduct a business and environmental requirements
- Claims related to environmental damage, liability and compensation for environmental damage
- Negotiations, objections, complaints and settlements
- Court proceedings and representation in environmental matters
Frequently Asked Questions
What should I do if I disagree with an environmental permit, an integrated environmental permit or a spatial plan?
First, it is necessary to establish what decision has been made, when it was notified and how it affects your rights. It is then possible to assess whether the objective is to annul the decision, amend the conditions, require further studies or reach a practical solution. Deadlines in environmental matters may be short, so objections should not be delayed.
What is the difference between environmental impact assessment and strategic environmental assessment?
Environmental impact assessment usually concerns a specific activity or project, such as mining, production, an infrastructure facility or another activity with significant impact. Strategic environmental assessment usually concerns spatial plans, development plans or other strategic documents with wider impact. In both procedures, it is important that impacts, alternative solutions and mitigation measures are assessed in substance.
There is noise, odour, dust or pollution in the neighbourhood. How can I protect my rights?
The disturbance should first be documented as precisely as possible. Dates, times, photographs, videos, measurement results, correspondence and responses from authorities may be useful. It can then be assessed whether permit conditions, environmental requirements, the rights of neighbours or other obligations have been breached, and whether the appropriate solution is negotiation, contacting an administrative authority or bringing a claim.
A precept was issued to the company or state supervision proceedings were started. What should we do?
In the case of a precept or state supervision proceedings, it is necessary to check what exactly is required, what the deadline for compliance is, what evidence has been collected and what consequences may follow. Where necessary, explanations and objections can be submitted, an extension of the deadline can be requested, negotiations can be held with the administrative authority or the precept can be challenged.
Who can protect their rights in an environmental matter?
Businesses, property owners, neighbours, local residents and, in certain cases, associations acting in the public interest may protect their rights. Each case depends on the decision or activity at the centre of the dispute, how it affects specific rights and whether the person has standing or the right to bring a challenge or court action.
What should be done in the case of a major development, infrastructure or energy project?
For major projects, it is important to participate in the procedure as early as possible, because it may later be more difficult to submit new objections or evidence. We help assess the legal risks of the project, prepare statements of position, communicate with administrative authorities and other parties, and define whether the objective is to enable the activity, change the conditions, reduce the disturbance or challenge the decision.
Does an environmental dispute always have to go to court?
No. Many environmental matters are resolved by participating in the procedure, submitting written objections, negotiating or reaching a settlement. Recourse to court is necessary where a decision infringes rights, no agreement is reached or it is necessary to preserve the right to bring a claim before the deadline expires. Before court proceedings, it is worth assessing the evidence, costs, deadlines and possible outcome.