Environment

"The communication is punctual and legal opinions are straight to the point, without much need for chains of follow-up questions."

- Chambers & Partners Asia-Pacific

Overview

BKL’s Environment Practice Group provides our clients with comprehensive regulatory, transactional and litigation support on Environment, Health and Safety issues.

We have built an organic cooperative system that brings together experts with a complementary range of skills and experience, led by our attorneys alongside former judges and prosecutors, as well as senior advisors who have previously served in the Ministry of Environment, the Ministry of Trade, Industry and Resources, the Ministry of Land, Infrastructure and Transportation, KATRI, and the Korea Customs Services.

We provide in-depth, tailored legal counseling and advocacy for both domestic and multinational clients on a wide array of environmental issues encompassing air pollution, water quality, waste discharge, soil contamination, noise/vibration, odorous emissions, chemical substances, environmental impact assessments, energy projects, greenhouse gases, RECs and climate change. We assist clients with legal risk assessment, due diligence, licensing and approvals, project development and compliance review, as well as civil, criminal and administrative proceedings and other, alternative means of dispute resolution.

Key Services

Compliance with environment laws and response to regulatory issues
Providing guidance and strategic advice in response to notices, investigations and enforcement action by regulatory authorities
Advising on environmental laws and regulations
Liaising with regulatory authorities and ascertaining current interpretations of environmental laws and regulations
Managing legal risk in the event of environmental pollution or contamination incidents
Advising on mitigating sources of environmental risk, such as soil contamination and improper waste disposal, in advance
Legal due diligence on compliance with environmental laws and regulations in the course of merger and acquisition deals
Reviewing internal compliance systems
Greenhouse gas emissions
Providing legal advice and support for the allocation of emission allowances under the Korean Emissions Trading Scheme
Advising on projects for the acquisition, trade and conversion of offshore CER credits under the CDM
Contesting the cancellation of allocation of greenhouse gas emission allowances
Safe management of chemicals and response to accidents
Advising on legal obligations concerning safe management of harmful chemicals, and responding to chemical accidents
Legal requirements for inspection, export and import, registration and assessment of chemicals
Safe management of chemical consumer products and biocides
Automobile and construction machinery and manufacturing equipment
Advising on exhaust gas emissions certification and homologation and representing clients before regulatory bodies and in criminal and administrative litigation
Requirements for obtaining self-certification for automobiles, and advising on approvals required for construction machinery and manufacturing equipment
Strategic advice in response to manufacturing defect investigations in relation to automobiles, construction machinery and manufacturing equipment
Development projects, regulations on factory location and environmental impact assessments
Providing guidance on the conduct of prior inspections in view of regulations governing factory location, and advising on the applicable regulations
Conducting review of compliance with environmental regulations relating to projects, manufacturing and development and advising on environmental impact assessments and related consultation procedures
Dispute resolution and litigation
Representing clients in civil litigation, criminal/internal investigations, and administrative litigation involving environment issues
Advising on and providing strategic guidance on
Representing clients in alternative dispute resolution such as mediation and arbitration
Assisting with settlement of environment disputes between parties

Representative Cases

Advised on minimizing legal exposure due to violation of certification requirements by a foreign automobile manufacturer and a foreign heavy vehicle importer
Advised numerous global waste and water treatment companies and infrastructure companies on compliance with waste disposal laws and responding to relevant regulations
Advised a major Korean power generator on offshore CDM project
Air
Advised on minimizing legal exposure due to violation of certification requirements by a Korea-based global automobile manufacturer
Advised on minimizing legal exposure due to violation of certification requirements by a foreign automobile manufacturer and a foreign heavy vehicle importer
Provided legal support to a global EV manufacturer in responding to the expansion of subsidies for electric vehicles
Provided legal support for obtaining government authorization on coal-based power generation
Water quality
Advised on amendment of laws and enforcement decrees relating to the management of bottled water for the leading Korean beverage manufacturer
Advised on water treatment and responding to regulations for numerous foreign companies such as a global water treatment company, an infrastructure company
Provided support to a major Korean comprehensive semi-conductor manufacturer for amendment of laws to resolve location issues
Soil
Advised a steel company on causes and measures for soil contamination
Supported a leading nonferrous metal refiner in amendment of laws and government relations
Wastes
Advised a global automotive part manufacturer on compliance with standards on harmful substances and responding to relevant regulations
Advised numerous global waste and water treatment companies and infrastructure companies on compliance with waste disposal laws and responding to relevant regulations
Represented a waste disposer of Korea in administrative litigation and criminal litigation on disposition regarding waste disposal business
Chemical substances
Advised a major Korean petrochemical company on obtaining the business license for using harmful chemical substances under the Chemical Substances Control Act
Advised a major Korean business association on the operation of consortium registered under the Act on Registration and Evaluation, Etc. of Chemicals
Provided support to a major Korean electronics company in responding to a fatal accident due to chemical materials leakage
Emissions Trading Scheme
Advised a Korean petrochemical company on additional allocation of GHG permits
Advised a major Korean power generator on offshore CDM project
Advised a major Korean power generator on restriction and swap of permits carried forward