Find Lawyers in Chile for Environmental Law
Practice Area Overview
The practice of environmental law in Chile has experienced an unprecedented growth in the last decade due to an increase in citizen participation and litigation in environmental-related matters and in no small part due to significant changes introduced in national environmental institutions. These changes are a result of Chile’s accession to the OECD in 2010 and address its recommendation regarding the need to implement strong compliance and enforcement mechanisms.
Therefore, while Chile’s existing environmental framework regulation dates from 1994, significant amendments were introduced in 2010, which replaced the National Commission for the Environment with a Ministry of the Environment, and created a new National Compliance and Enforcement Agency (Superintendencia del Medio Ambiente) and a new Agency for Environmental Assessment (Servicio de Evaluación Ambiental). Two years later in 2012, a specialized Environmental Court was established.
In addition, the International Labor Organization’s Convention N° 169, in force in Chile since 2009, has had a major impact on indigenous participation in project development.
Challenges posed by this new scenario - where fines are nearly 300 times higher (maximum fines can amount to nine million dollars and permit revocation), executives may face liability for corporate breaches, and citizen participation is boosted - demand comprehensive strategic planning for project development.
Environmental law’s cross cutting nature encompasses a range of legislation and regulations, and legal counsel in this area includes the following:
- Project development
Project development often includes counsel in project design, environmental impact assessment, citizen participation, and permitting.
Similarly, legal advice in this area will cover environmental aspects of business transactions, including due diligence and environmental aspects of EPC/Turnkey and BOT Contracts.
However, a finely tuned practice will also be able to anticipate regulatory trends in order to promote compliance and detect growth opportunities, as well as assisting regulated entities in participating in the legislative process of upcoming environmental regulations and standards.
- Litigation
Typical environmental litigation includes constitutional actions, administrative claims, and civil litigation arising from environmental matters.
Increasingly counsel in environmental litigation comprises risk assessment and litigation support in environmental criminal law.
- Compliance
Effective assistance in environmental and regulatory compliance begins by identifying gaps and deviations and developing compliance strategies.
Once proceedings before the enforcement agency have been initiated, support includes development of compliance programs and defense strategies prior and throughout the sanctioning proceedings.
LLB, Pontificia Universidad Católica de Chile Law School. LLM in Minning Law by Universidad Gabriela Mistral, Environmental Law Diploma by University of Chile. Partner at VGC since 2012. Previously, associate at Vergara y Cia. Professor of Mining and Natural Resources Law at the Pontificia Universidad Católica de Chile Law School, Professor and Director of the Master in Mining and Water at the same University. Head of the energy and natural resources department, provides advice ...
Partner of Carey and co-head of the firm's Environment Group. His practice focuses on environmental law, including the Environmental Impact Assessment System, environmental audits, administrative proceedings and litigation. Also, his practice includes ESG-related-matters, waste management (EPR Law), the development of mining and energy projects and contracts, and regulatory aspects of natural resources. For more information, please visit: https://www.carey.cl/en/resume/manuel-jose-barros/
PROFESSIONAL BACKGROUND Law Degree, Supreme Court of Justice (1987). Law Degree, School of Law, Pontificia Universidad Católica de Chile, Santiago (1987). Master in Environmental Law, Universidad del Desarrollo (2016). Postgraduate degree in Environmental Law, Universidad del Desarrollo (2015). Master in Mining Law, Universidad de Atacama (2005). PROFESSIONAL EXPERIENCE Founder Claussen & Velasco law firm (2017). Legal Advisor, Universidad del Norte, Casa Central Antofagasta (1990)...
Gonzalo Cubillos is a lawyer who graduated from the Universidad de Chile. Before founding CS Abogados, he partnered with Cubillos Evans, Cubillos Molina and Barros & Errazuriz. Previously, he was Executive Secretary of the Corporación Centro de Estudios y Gestión Ambiental para el Desarrollo (CEGADES), Deputy Director of the National Environmental Commission (CONAMA) and Consultant of the Environment and Human Settlements Division of the Economic Commission for Latin America...
LLB, Universidad de Valparaíso Law School (2003); Diploma in Administrative & Economic Law, Pontificia Universidad Católica de Chile (2005); LLM, Pontificia Universidad Católica de Valparaíso Law School (2007). Partner at VGC since 2010. Previously, Associate of Cariola Diez Pérez-Cotapos & Cía. Professor of environmental law, natural resources and energy law at the Universidad de Valparaíso and Universidad Católica de Valpara&ia...
LLB, Pontificia Universidad Católica de Chile Law School (1991); Graduate of Master of Law Program, Universidad de Chile Law School. Senior Partner at VGC. Previously, Associate of Cariola Diez Pérez-Cotapos & Cía; Legal Advisor of ARCADIS; Attorney at Legal Office of National Environmental Commission. Professor of environmental law at several graduate and postgraduate programs including programs for the Judicial Academy. Head of the litigation department, responsible...
Experience Partner of LAWGIC Abogados. Expert in environmental, indigenous and regulatory law with 20 years of experience. His practice focuses on project development, Environmental Impact Assessment System management, territorial planning, counseling on community matters and administrative and judicial disputes related to investment projects. Before LAWGIC Abogados he was Director of Carey's Environmental Group (2011-2019); legal advisor to SGA S.A. (2008-2011); attorney of Fundación ...
Senior Lawyer, July 2013 to the present. She previously worked at the law firm Urrutia & Cia, following which she joined the Legal Department of Endesa. Practice Areas: Environmental Law and Natural Resources, Civil Law, Public Law. She is a member of the Environmental Law, Projects Evaluation and Compliance Team. Environmental consultant and advices on Company Projects and litigation. Risk assessment consultant. She is part of the due delligences team, specializing in environmental issue...
Partner of Carey and co-head of the firm's Environment Group. His practice focuses on environmental law, including advice on the Environmental Impact Assessment System, audits, waste management, sectoral permits, ESG and administrative procedures, and litigation related to energy, mining, aquaculture, forestry, health, and real estate projects, among others. For more information, please visit : https://www.carey.cl/en/resume/recordon-julio/
Paulina has more than 20 years of experience in the practice of environmental law. Along her career she has consolidated an extensive and recognized professional practice in a wide range of environmental law matters, including advice on investment projects regarding the environmental impact assessment system (SEIA), preventive environmental compliance strategies. defense in litigation and sanctioning administrative procedures, waste regulation, remediation of contaminated sites, corporate env...
Partner of Vergara Galindo Correa Abogados and head of the firm´s Compliance Group. Her professional practice is primarily focused on risk assessment and formulation and implementation of compliance programs. Cecilia began her career in the National Environmental Commission (CONAMA), then she continued in the Sanitary Services Superintendency (SISS) and then in the newly created Environmental Superintendency (SMA), where she was the first Director of the Division of Sanction and Complia...
LLB, Universidad de Chile Law School. Specialization Program “Environmental Policy Development and Implementation”, organized by the Environmental Law Institute, Washington, DC, United States. Senior Partner at Vergara Galindo Correa Abogados. Previously, partner of Urrutia & Cía; Head of the Legal Office National Environmental Commission, Director of National Environmental Commission of Metropolitan Region and Secretary of Decontamination Commission of Metropolitan Reg...
Partner of Carey and co-head of the firm's Natural Resources and Environment Group. His practice focuses on natural resources, mining, water rights, energy, environment, ESG, surface lands, project financing, and corporate and commercial law. For more information, please visit: https://www.carey.cl/en/resume/rafael-vergara/
Senior associate at LAWGIC Abogados. Expert in environmental law. Her practice focuses on project development, environmental due diligence, procedures in the Environmental Impact Assessment System, preparation of legal strategies for the development of investment projects, territorial planning, legal counselling concerning administrative and judicial proceedings and ESG. Before LAWGIC Abogados, she was a senior associate at Carey and Cia. (2018-2023) and an associate at Claro (2016-2018). Att...
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