Environmental Law
Companies in Chile have witnessed a large number of changes in Environmental Law matters, which have been born in recent times. In the first place, we must highlight the creation of the Environmental Courts and their innovative jurisprudence, which has already generated interesting discussions on corporate and civil liability matters. Within the same line, there is a growing interest from different groups and communities, to participate not only in the preservation of the environment – as active agents, but also to request from the judicial and administrative authorities, to compensate any damages caused. after an environmental incident, which brings with it a significant increase in litigation, and mainly high costs.
Anticipating the consequences, our firm seeks to satisfy the corporate needs, as these changes affect the sphere of its development. For us, the preventive and planning work is of vital importance in two aspects: Firstly, it is essential to carry out findings regarding the prevention of possible incidents, and then prepare an adequate and complete strategic planning that aims to modify the industrial processes. For example, one of the most required aspects at a corporate level, is the adequacy of environmental and civil liability insurance coverage that allows trust to be granted if required. In addition, it is key to have activation and operation protocols, which allow our clients not only to determine the coverage that operates for each environmental incident, the way in which their policies will be activated and processed, but also the way in which processes of remediation and repair of possible environmental damage should be conducted, and the criteria that must be applied to determine its extension.
Another relevant point for our legal firm involves establishing communication bridges between both, the different administrative authorities that participate in the evaluation of projects in development, and with the local communities that intervene in the entire process.
To face a process of environmental damage, we have adequate specialization in Administrative Law that allows us to work together with local authorities and thus avoid eventual fines. In addition, the communication with the communities already established in advance in the strategic planning phase, allows us to limit the financial risks, and thus anticipate a possible judicial scenario.