Case: Appeal against the environmental impact assessment (EIA) decision on Polis’ka WPP
Region: Ukraine
Essence of the case: the EIA procedure for Polis’ka WPP took place with significant violations of the EIA legislation by both the developer and the Ministry of Environment, which issued a decision to permit the planned activity in a situation when it was obliged by law to refuse the permit.
Parties: EPL – plaintiff, Ministry of Environment of Ukraine
Main facts:
The construction and operation of the Polis’ka WPP is planned in the center of the Chornobyl Exclusion Zone and directly on the border of the Chornobyl Radiation and Ecological Biosphere Reserve. The project provides for the construction of nine (9) wind turbines. The height of the wind turbine to the axis of the hub of the rotor is 120 m. The diameter of the rotor is 151 m.
The EIA report on the Polis’ka WPP does not contain a description of the current state of the environment in the location of the planned wind farm; a description of its probable change without the planned activities in general and in particular for birds and bats most affected by the construction of wind farms; a description of birds and bats, which are likely to be affected by the planned activity and its alternatives; a description and assessment of the possible impact on them of the planned activity; as well as a description of the measures to prevent, minimize, reduce, and eliminate significant adverse effects on such animals, all of which according to paragraphs 3-5 and 7 of Article 6.2 of the Law on EIA must have been included in the EIA report.
In addition to that, the EIA report on Polis’ka WPP on several instances provides false statements that the territory of the planned activity is not included as a structural element to the ecological network of Kyiv region.
According to paragraph 2 of Article 4.5 of the Law of Ukraine “On Permitting System in the Sphere of Economic Activity” submission of an incomplete package of documents and/or identification of false statements are the grounds for refusal of a permit.
Moreover, the Defendant did not consider and take into account the timely submitted public comments on the planned activity, which according to Article 12 of the Law of Ukraine “On Environmental Impact Assessment” is a sufficient basis for revoking the EIA decision.
In September 2019, EPL went to court. As of June 2020, the case is pending in the court of first instance.
