Appeals against environmental decisions
At Eko-Projekt, we also conduct administrative proceedings as part of the appeal or challenge process of the environmental decision, tailored to the individual needs of our clients.
On our part, in such cases, we most commonly practice the preparation of comprehensive, impartial documentation for the substantive analysis of the Project Information Card and/or the Environmental Impact Report, along with any potential supplements submitted during the administrative procedure.
The subject matter of the counter-report includes, among others:
- Analysis of the entire documentation of the Project Information Card and/or Environmental Impact Report, point by point, along with an assessment of the substantive correctness of the documentation submitted by the Investor
- Analysis of the entire administrative procedure in terms of the correctness of the administrative and legal process
- Verification and recalculation of air emissions "from scratch," including computer modeling
- Spatial distribution of substance concentrations around the emission source, along with a graphical interpretation of the results
- Verification and recalculation of noise emissions, including computer analysis (acoustic analysis)
- Odor analysis of the planned investment, including olfactometric modeling
- Analysis in the context of protected areas and the presence of protected plant and animal species
- Environmental inventory to the necessary extent, along with an assessment of the collision of the planned investment with habitats of protected or valuable plant, animal, fungus/lichen species
- Preparation of the impact analysis of the project concerning groundwater and the Main Groundwater Reservoirs
- Analysis of the investment location in terms of the provisions of the Local Spatial Development Plan, Spatial Development Study, or other local legal regulations
- Analysis of the provision of utilities and wastewater disposal for the planned investment
- Public consultations (analysis of the method and correctness of their implementation, notification of all interested parties, and admissibility of evidence)
- Other items to be determined with the Client.
We handle the case until the Investor abandons the project or until all appeals have been exhausted (SKO – WSA – NSA).
Challenging an Environmental Decision – Eko-Projekt
We would like to emphasize that we possess extensive knowledge and practical experience (case studies) in such proceedings, along with a comprehensive library of various rulings and court judgments on this matter. In these types of cases, we often collaborate on behalf of our clients with law firms. Due to the complicated and intricate nature of appeal proceedings in environmental decision matters, we handle our clients' cases until the investor abandons the project or until all appeal options are exhausted (Local Appeal Board – Voivodeship Administrative Court – Supreme Administrative Court).
In order to effectively challenge an environmental decision and halt a potentially harmful project for the environment, it is necessary to prepare for a prolonged and complex administrative procedure, as well as the development of a specialized analysis, such as a counter-report, anti-report, report analysis, or appeal documentation for the environmental decision – the terminology here varies.
It should be remembered that the possibility of stopping a potentially harmful project at a later stage of investment, such as during the building permit stage or, for example, the integrated permit stage, is much more limited and carries a significantly higher risk of failure.
