Ecology

We helped our client to win a dispute with a water service company over the recovery of a payment for discharging pollutants The team of Pepeliaev Group’s St. Petersburg office represented a major food company in a dispute with a regional water service company.

Successfully represented the client in a court dispute with a water service company The practice's team represented the client in a dispute with a water service company over the recovery of a payment for discharging pollutants where the allowable concentration was exceeded and over the payment for the detrimental effect to the centralised water-discharge system, with the total amount being over RUB 30 million.

Successfully defended a client in a precedent-setting environmental dispute The practice’s team defended the interests of one of the biggest production enterprises of the Republic of Sakha (Yakutia), which specialises in the construction of motor roads and highways. 

Provided legal support in a large-scale environmental project of a client The practice’s team provided expert support under a flagship environmental project of the client for the total value of about RUB 250 billion. 

A dispute with Rosprirodnadzor with regard to the ‘environmental fee’ We are advising the client in connection with a threatened dispute relating to the amount and method of calculating the fee. Within the frameworks of the project we have to assist the client in navigating a way through new and complex statutory provisions in relation to which there is almost no case law. 

Legal support in a dispute concerning the collection of environmental fees in the appeal and cassation courts The project is unique owing to the amount of the fee being recovered from the enterprise for the discharge of a pollutant, which was not actually discharged.

Preparation of an opinion on environmental issues in connection with the decision of the authorised body to register facilities that have a negative impact on the environment The result of this project was our recommendations for further actions of the company (appealing the decision of the authorised body by way of an administrative/judicial procedure, a change of the information about the registered facilities, etc.) and an assessment of prospects and provision of recommendations with respect to the administrative offence case (taking into account the lack of detailed information about the imputed offence).

Developing draft amendments to legislation in the field of water disposal We helped the client to fill gaps in the legal regulation of the discharge of substances into CWDS, for which the maximum permissible concentrations are not established in water facilities.

Tax and customs structuring of a project involving the construction of incineration plants We have performed tax and customs structuring during the planning of a project involving the construction of five incineration plants in Moscow Region and Tatarstan.

The Russian Constitutional Court has confirmed that Zapolyarneft's lawyers and Pepeliaev Group have taken the correct position in terms of whether environmental charges are proportional

Advised the client on compensation for harm to aquatic bioresources Specialists from Pepeliaev Group advised the client on compensation for harm to aquatic bioresources: on the content, interpretation and application of the provisions of the methodology for calculating harm, and on the mandatory requirements imposed by the current regulatory and technical documents for obtaining permissible evidence in the case

Support in connection with an incident at a client’s facility, which caused a national environmental catastrophe Pepeliaev Group's lawyers provided comprehensive support in connection with an incident at a client’s facility, which caused a national environmental catastrophe - one of the largest oil spills in the Arctic zone in history.

Challenged in court resolutions of the committee for using natural resources and ensuring environmental safety Pepeliaev Group's lawyers challenged in court resolutions of the committee for using natural resources and ensuring environmental safety to impose administrative liability on the client for three environmental offences.

Drafted an application to the Russian Constitutional Court regarding the procedure for identifying the amount of environmental damage We drafted an application to the Russian Constitutional Court and represented the client in a public hearing. 

Defended Russia’s largest oil refinery in court

Pepeliaev Group’s lawyers have alerted their client of the risks pertaining to the obligation to include overburden dumps in the State Register of Waste Disposal Facilities Our lawyers have prepared a legal opinion for a large mining company in Novosibirsk Region regarding the ‘legalisation’ of overburden dumps.

Legal assistance to an oil company with regard to the use of natural resources

Pepeliaev Group’s lawyers provided legal support to a major Russian oil company regarding the rational use of natural resources, use of mineral resources, and environmental protection. Among the issues covered were the compensation of damage caused to the environment, the devastation of forests, excessive air pollution, industrial safety, compliance with sanitary legislation, and other matters.

Drawing up a production sharing agreement (PSA) in relation to developing the Khvalynskoye field

Within the framework of a state contact with the Russian Ministry of Energy, Pepeliaev Group’s lawyers provided services that involved a legal analysis of the draft of a PSA for the use of mineral resources of the Khvalynskoye field. Our lawyers participated in negotiations with the investor representing the Russian government; they provided recommendations on the wording of the PSA, and expert support to the government's representatives to ensure that the project was as favourable as possible for the Russian Federation, and that the state's interests were protected. In the course of the project, we analysed the PSA’s terms and conditions from the standpoint of whether they were in line with the current legislation on PSAs, the legislation on mineral resources, and the tax regime on the use of mineral resources taking into account the specifics of international status of the Caspian Sea, etc.

While continuing to develop the draft of the PSA, our lawyers were holding negotiations with the Russian Ministry of Energy, the Ministry of Natural Resources and the Environment, the Ministry of Finance, and other ministries and the investor’s members. In addition the lawyers were solving various legal issues relating to the legislation on PSAs, the use of mineral resources, environmental protection, and others. Our lawyers also developed amendments to the inter-governmental Agreement between the Russian Federation and Kazakhstan. This PSA was only the fourth in Russia. For this project, Pepeliaev Group won the 'European Tax Transaction of the Year in the Energy Sector' category at the ITR European Tax Awards.

Conducted a due diligence of a company trading carbon emission quotas Conducted a due diligence of a company trading carbon emission quotas in terms of its potential acquisition. Analysed the procedure for obtaining a license and the issues of compliance with license agreements and environment legislation. Assessed possible risks relating to violation of legislation.

Advice to a large Russian company on the use of natural resources Provided legal advice to a large Russian company on the use of natural resources, use of subsoil and environmental protection, including on compensation for environmental damage from oil spills, wood cutting, high level of air pollutants emission etc