Environmental Permit Appeals involve administrative and judicial processes aimed at annulling an illegally issued environmental decision or challenging a refusal to grant a permit. In Georgia, an Environmental Decision (formerly EIA permit) is mandatory for projects with significant environmental impact (HPPs, factories, roads). The appeal process can be initiated by the concerned public (if the permit violates the law and threatens the environment) or by the company itself (if the Ministry groundlessly refused the permit). This is a complex legal dispute requiring proof of procedural violations, technical flaws, and non-compliance with ecological standards.
Lawyers represented on the Legal.ge platform offer full services for appealing environmental permits. Services include:
- Administrative Complaint: Drafting and submitting a complaint to the Ministry of Environmental Protection and Agriculture, the first stage of dispute resolution.
- Judicial Lawsuit: Appealing the Ministry's decision in court, demanding the annulment of the permit or the issuance of a new administrative act.
- Interim Measures: Filing a motion in court to suspend the disputed permit pending the final decision to prevent irreversible damage.
- EIA Report Revision: Detailed analysis of the EIA report with experts to detect flaws (e.g., incomplete studies, failure to consider alternatives).
- Identifying Procedural Violations: Detecting violations of public hearing rules or concealment of information and using them as grounds for appeal.
Environmental permit appeals are relevant in the following scenarios:
- A company was refused an environmental decision because the Ministry deemed the project a threat to biodiversity. The company appeals the refusal based on alternative expertise.
- Local residents discover a chemical plant is being built in their village. They appeal the issued permit because no public hearing was held.
- An NGO appeals a permit for road construction in a forest because the EIA did not assess the impact on Red List species.
- A developer had their permit suspended due to violation of environmental conditions. A lawyer appeals the suspension order, arguing that the violation has been rectified.
The field is regulated by the Environmental Assessment Code and the General Administrative Code of Georgia. Appeal deadlines are strictly defined: 1 month for an administrative complaint and 1 month for a court lawsuit after receiving the response.
Collaborating with a Legal.ge specialist increases the chances of winning the dispute. Appealing a permit requires not only legal but also technical knowledge. Our lawyers work with ecologists to build a strong argumentation for the court.
Find administrative law experts on Legal.ge. Our platform gives you access to lawyers with successful experience in environmental permit disputes.
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