Environment & Climate Change updates


Contributed by Schoenherr Attorneys at Law
New outlines for water management and planning
  • Austria
  • October 02 2017

The first update and review of Austria's national water management planning instrument has revealed that the objectives of the EU Water Framework Directive will be achieved neither to their full extent nor in a timely manner. Nonetheless, the National Water Management Plan 2015 is a useful and comprehensive document that contains extensive information for all stakeholders and sets out the next steps to achieve the ultimate goal of restoring Austria's water bodies.

Constitutional Court raises hope for third runway at Vienna International Airport
  • Austria
  • July 17 2017

The Constitutional Court recently reached a landmark decision and overturned the Federal Administrative Court decision which had rejected the permit for a third runway at Vienna International Airport on the grounds of climate protection and land use. This decision is significant in that it has far-reaching consequences for many other projects beyond the scope of the third runway. It is also relevant to Austria as a business hub.

Climate impact: game changer for third runway at Vienna Airport
  • Austria
  • May 08 2017

The Federal Administrative Court recently hindered the plans for a third runway to be built at Vienna Airport, explaining that the positive aspects of the project could not justify the extra carbon dioxide pollution. The decision was reached despite the court conceding to the fact that air traffic will increase in the future and thus a third runway is necessary. This may be the first time that any court worldwide has rejected a project due to climate protection.

Court rules on rights in environmental impact assessment
  • Austria
  • January 16 2017

The Federal Administrative Court recently addressed whether the party to a winning project in a conflict procedure was entitled to claim rights in the environmental impact assessment for the inferior project. The court ruled that, on the one hand, the legal standing of a party in a conflict procedure is not strictly restricted to that procedure. On the other hand, the court found that being party to a conflict procedure does not guarantee unlimited legal standing in the approval procedure of the other project.

No party status for neighbours in declaratory proceedings
  • Austria
  • July 11 2016

The Federal Administrative Court recently confirmed that neighbours in earlier cases can enforce an environmental impact assessment only in subsequent approval proceedings. Further, the court has clarified that neighbours do not have party status in declaratory decision proceedings. As the legislature had failed to regulate earlier cases, this decision is a valuable contribution to procedural law.


Contributed by Montt y Cia SA
Supreme Court decision on completion of title for water rights
  • Chile
  • January 15 2018

A recent Supreme Court of Justice decision required the applicant in a proceeding initiated to complete the good and legal title of surface water rights to notify all holders of water rights in the same watershed to which the application referred. Failure to involve other rights holders in the same river basin in the respective proceedings, as required by this decision, could render subsequent proceedings obsolete and thus result in the loss of considerable time for the applicant.

Green tax on industrial emissions approved
  • Chile
  • October 23 2017

Congress recently approved a tax reform that introduced a new Pigovian or green tax and amended income and indirect tax rates. The green tax will apply directly to emissions derived from industrial processes that result in environmental damage. The new tax will be implemented before the end of 2017 and will affect industrial establishments that use boilers or turbines.


Denmark ratifies Hong Kong convention promoting environmentally sound ship recycling
  • Denmark
  • October 03 2016

Denmark recently ratified the Hong Kong Convention for the Safe and Environmentally Sound Recycling of Ships, which aims to ensure that ships being recycled at the end of their operational lives pose no unnecessary risk to human health and safety or the environment. It is hoped that the convention will help to set global standards to ensure that ships are broken up safely.

New agricultural legislative package announced
  • Denmark
  • April 11 2016

The government recently agreed to a new legislative package on foodstuffs and agriculture that aims to introduce more specific regulations to fully realise the potential of Danish agriculture. The package has since come under criticism from scientists who believe that the numbers behind the proposal are misguiding, and that the package will have larger environmental impacts than first assumed and presented to Parliament.

Municipalities and utility companies cooperate to tackle flooding
  • Denmark
  • February 15 2016

A number of Danish municipalities and utility companies are cooperating at a local level to protect their towns from the effects of climate change. Efforts to protect towns against flooding include limiting the amount of surface water allowed into sewage systems through planning or regulatory measures, diverting surface water to places where it will cause less damage and using urban infrastructure as emergency channels for surface water.

European Union

Sweden wins over commission: criteria for determination of endocrine-disrupting properties
  • European Union
  • February 15 2016

In a case initiated by the Swedish state against the European Commission, the General Court of the European Union stated that the commission had failed in its obligation to adopt a delegated act specifying scientific criteria for the determination of endocrine-disrupting properties pursuant to the Biocides Regulation. Sweden held that the commission had infringed the regulation and sought a declaration that it had unlawfully refrained from laying down rules.


New rules on dredged sediment management introduced
  • Italy
  • December 05 2016

Two new ministerial decrees regarding dredged sediment management were recently published in the Official Gazette: Ministerial Decree 172/2016 on the methods and technical standards for dredging operations in remediation sites of national interest and Ministerial Decree 173/2016 establishing the procedures and technical criteria for the disposal of dredged materials at sea.

Council of Ministers approves regulation on uncontaminated excavated soil
  • Italy
  • October 03 2016

The Council of Ministers recently approved a new regulation on uncontaminated soil and other naturally occurring material excavated in the course of construction activities. Under the regulation, different rules will apply depending on whether the soil and material will be used on the site where they were excavated or elsewhere.

Courts establish environmental and safety obligations under precautionary principle
  • Italy
  • August 01 2016

During the past two decades, the precautionary principle has played a major role in shaping Italian environmental and safety policies which influence industry requirements. The precautionary principle requires that some action be taken to handle serious and identified environmental risks, and recent Constitutional Court and High Administrative Court decisions have addressed the problem of how to establish the level of environmental protection required.

ECJ invalidates maximum annual free allowances for greenhouse gas emissions
  • Italy
  • June 13 2016

Following a request for a preliminary ruling by an Italian administrative court, the European Court of Justice (ECJ) has declared invalid the maximum annual free allowances for greenhouse gas emissions set out in European Commission Decision 448/2013. The ECJ pointed out that the different language versions of the relevant provision establishing how the maximum annual amount of allowances should be calculated were inconsistent.

Seveso III Directive transposed into law
  • Italy
  • March 07 2016

Decree-Law 105/2015 recently transposed the Seveso III Directive into Italian law. The decree-law makes no substantive changes to existing rules; instead, it aims to improve their coherence and clarity and improve coordination with EU legislation. The changes introduced include updating the list of chemicals covered by the directive and strengthening the rights of citizens to access information.