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Select specific jurisdictions to filter on. Alternatively select no jurisdictions and select questions below to see all jurisdiction answers for them.
Select specific questions to filter on. Alternatively select no questions and select jurisdictions above to see all question answers for them.
Are there any environmental rights or protections included in your constitution? If so, please describe the provisions and their implications.
What is the environmental statutory and regulatory framework? Are environmental requirements imposed by sector or on a general basis? Please identify the primary environmental statutes and regulations and the agencies with responsibility for environmental regulation and enforcement.
Please identify major environmental treaties and conventions that your jurisdiction has ratified or to which it is otherwise subject?
What is the environmental permitting process in your jurisdiction? Are separate permits required for air, water and waste? Are permits required as a condition to commencing construction of a facility? What is the average timeline for a facility to obtain environmental permits?
Please explain the role of a ‘social licence to operate’ in your jurisdiction.
Is there private ownership of oil, gas and minerals in your jurisdiction? If not, how are concessions granted and what environmental considerations apply?
What is the regulatory environment for renewable and alternative sources of energy and fuels?
How are environmental laws and regulations enforced in your jurisdiction? Describe the approach to enforcement and the roles of the authorities responsible for enforcement.
What types of administrative, civil and criminal penalties can be imposed for violations of environmental laws?
How and under what authority are air emissions regulated in your jurisdiction?
Who is liable for environmental contamination of soil, surface water and groundwater, and is the liability based on fault or on status? What reporting and notification obligations apply in the event of a spill or release or upon discovery of historical contamination?
What is the law governing the remediation of contaminated property? What standards are applied to determine clean up levels?
What is the nature of liability for damage to natural resources and who can enforce and recover for such damages?
How are environmental issues typically addressed in property transfers or mergers and acquisitions? Are there any specific laws that govern environmental aspects of such transactions?
What environmental laws apply to the shut down or sale of a facility?
Does your jurisdiction regulate or provide incentives to conduct environmental audits or assessments? If so, please describe.
Are there any requirements for the conduct of environmental assessments or environmental impact assessments, such as a condition to obtaining a permit or in connection with a transfer of real property? If so, describe.
What is the process and timetable for conducting and receiving approval of environmental impact assessments?
How are water rights allocated and transferred?
What regulatory requirements apply to the discharge of industrial waste water in your jurisdiction?
Are there any laws or regulations in your jurisdiction addressing climate change in your jurisdiction, such as regulation of greenhouse gas emissions? If so, describe the regulatory regime.
Are there any chemicals or products that are subject to special environmental requirements in your jurisdiction, such as asbestos or PCBs?
What legal protections are afforded to patrimony or cultural heritage and environmentally sensitive areas?
What constraints are there on availability of landfills for disposal of waste?
What regulations or government initiatives are there in your jurisdiction relating to extended producer responsibility or to sustainability?
Describe the laws in your jurisdiction regarding public access to information filed with environmental agencies and any protection from its disclosure to third parties. What right does the public have to access documents and reports filed with regulatory authorities? Describe the nature of and process for securing any protections for confidential business information or trade secrets.
What are the rights of the public or NGOs/environmental groups to participate in environmental permitting or enforcement of environmental laws? Is such participation typical?
What are the most significant current trends or issues in environmental policy, regulation and enforcement in your jurisdiction?
Identify and describe the significance of any noteworthy court litigation or other disputes or controversies in your jurisdiction regarding the environment.
What important features of your jurisdiction’s environmental laws are not covered by the previous questions?
Aileen M. Hooks
Baker Botts LLP
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