Environmental law

Together with our real estate specialists we provide legal aid in all issues relating to environmental law (including, inter alia, spatial planning, environmental impact assessment, environmental permits, environmental liability) both to developers and persons concerned but also to other stakeholders, such as residents’ associations and environmental organisations. 

We have experience with implementing even the most complicated projects and in preventing the implementation of projects that would negatively affect the environment. We have compiled several legal analyses for issues relating to environmental law, some of those for the Ministry of Environment and the Environmental Inspectorate.

• Completing a legal analysis commissioned by the Environmental Inspectorate on the limits of discretion of the Environmental Board and the Heritage Conservation Board. The analysis was about the limits of discretion of state bodies in conflict situations, i.e. situations where the guidelines and prescriptions of one state body contradicted those of another. The analysis was needed because of the conflicting activities of the Environmental Board and the Heritage Conservation Board relating to the dam on Kunda River. The Environmental Board calls for the dam to be demolished because the dam is in a nature reserve. The Heritage Conservation Board wants the dam to be maintained because it is protected as a part of our heritage.
• Advising Tartu City Government in the national designated spatial plan proceeding for a wood refinery plant. Our job was to represent and advise the client in all issues related to the national designated spatial plan which included issues pertaining to environmental law. We performed a legal analysis on the lawfulness of the planning procedure, which included analysing the aspect of environmental law, and an analysis on potential ways to protect the client’s rights. We compiled drafts for the requests and positions to be submitted in the designated spatial plan proceeding, and a draft to the Supreme Court of Estonia for verifying the constitutionality of certain provisions in Planning Act. Additionally, we represented the client in the administrative court proceeding in both the administrative and the circuit court to challenge the order by which the planning had been initiated.

• Representing MTÜ Eesti Roheline Liikumine, a non-profit environmental organization, in an administrative proceeding to annul or amend the terms of the construction permit issued for constructing a seaside road in Tallinn (Reidi tee). A central issue in the dispute was evaluating the need for an additional environmental impact assessment in the construction permit proceeding.

• Advising MTÜ Veskimetsa-Mustjõe selts, a non-profit organization, and a private landowner, representing both in the construction permit proceeding for a waste management station of Mustjõe Street and challenging the construction permit in administrative court. The service included advising the residents and persons concerned by the administrative proceeding, negotiating with Tallinn City Government and representing the clients in the administrative court proceeding.

• Advising an environmental organisation of residents in Ihaste, a part of Tartu City, on legal issues related to the detailed spatial plan of Hipodroomi 4 and Männimetsa 3A.

• Advising and representing the local community of Häädemeeste-Kabli in their fight against plans to cut their local forest. Due to successful litigation, the Environmental Board revoked almost 40 forest notifications which had been issued for cutting forest on the dunes between Ikla and Häädemeeste on a strip that runs for 20 kilometres and covers approximately 61.5 hectares.