Environmental Law and Litigation

Environmental law and related dispute resolution are, most likely, the legal areas that have experienced the greatest momentum in Chile over the past few years. They have had the greatest impact on project development in various sectors of the economy, with paramount growth in the spheres of regulation, citizenship participation, and litigation.

Our services in environmental law and dispute resolution have a strong strategic component, with a central focus on public law and judicial defense.

In this context, we represent our clients both in administrative procedures (environmental impact assessment before the Environmental Assessment Agency (Servicio de Evaluación Ambiental, SEA), and sanctions followed by the National Environmental Commission (Superintendencia del Medio Ambiente, SMA), as well as the processes that go before the Environmental Courts, Appeals Courts, and the Supreme Court.

In terms of counseling, we diagnose our clients’ environmental issues and provide solution strategies. We create Compliance Programs, attain Sectoral and Environmental Permits, and perform legal audits about requirement fulfillments of the established environmental qualification resolutions and current regulations, among other matters.

Some of our lawyers at Carcelén, Desmadryl, Guzmán, & Tapia have been legal consultants to the Ministry of Energy (2010-2011), in the drafting of a proposal to modify the Regulation of the Environmental Impact Assessment System (Reglamento del Sistema de Evaluación de Impacto Ambiental, SEIA); as well as to the Ministry of Environment (2010- 2011) in the proposal of a draft bill on Producer’s Liability.

We have also advised interest groups in relation to the Protection of Glaciers (2014) bill, the bill that creates Chile’s Biodiversity and Protected Areas Agency, and the bill that proposes a reform to Chile’s Regionalization (2015).

Rodrigo Guzmán, the partner leading the environmental group, has been acknowledged by Chambers & Partners, Legal 500, Who’s Who and Best Lawyers as an outstanding lawyer in this field.