Background The client submitted an application for installation permit of air pollutant emitting facility to the local government in order to obtain the installation permit under the Clean Air Conservation Act, neccessary for its business.  The local government refused the application since it determined that the zoning restriction was applied to such facility in light of the air pollutant emitting facility classification under the Clean Air Conservation Act.  It was necessary for the client to cancel such refusal disposition of the local government in order to start its bussiness as soon as possible.  Work Scope Legal, scientific, and technical review on the classification of air pollutant emitting facilities under the Clean Air Conservation Act. Communication (including submitting request letter and legal opinion) with relevant ministries (Ministry of Environment and Ministry of Government Legislation) Represented the client in the administrative litigation to cancel the refusal disposition Results and Implications ELPS analyzed and reviewed that the classification name of air pollutant emitting facilities under the Clean Air Conservation Act is separate from the facility name defined in other laws and that the zoning restriction under other laws cannot be applied to the facility of this case. Then, ELPS explained the above logic to persuade the relevant ministries and finally got the favorable authoritative interpretation. Moreover, ELPS represented the client in the administrative litigation to cancel the refusal disposition and based on the expertise in the interpretation of environmental laws and regulations, ELPS actively presented arguments and evidences (including the above-mentioned interpretation from the relevant ministries), which led to obtain favorable final judgment from the court, contributing to the smooth progress of the client`s business

Background A business operator received a notice of acceptability for the interim waste disposal business and the interim waste recycling business to install an incineration facility and a recycling facility. The local government revoked the notice of acceptability for the interim waste disposal business and rejected the application for extension of the notice of acceptability for the interim waste recycling business due to non-implementation of mini environmental impact assessment and significant changes in environmental conditions. Work Scope Legal review and analysis on the timing of mini scale environmental impact assessment consultations, etc. Analyzing the environmental impact of the project on air quality through scientific and statistical data Organizing strategic fact-finding applications through detailed analysis of the incineration facility and surrounding environment Representation in administrative proceedings and civil petition for grievance Results and Implications ELPS analyzed and reviewed the Environmental Impact Assessment Act, argued and proved that the timing of mini environmental impact assessment consultation cannot be considered as 'before a notice of acceptability' unlike environmental impact assessment, submitted scientific and statistical analysis of the environmental impact of the project on air quality, and obtained a fact-finding reply from the Ministry of Environment stating that the environmental impact of incineration facilities on air quality is not significant compared to other projects. In addition, we also obtained a decision from the Civil Rights Commission, which contributed to the prompt relief of the operator's rights.

ELPS provides in-depth legal advisory and litigation representation services related to waste management and resource circulation. Attorneys Shin-young Chu, Ye-in Lee, Sung-ho Jung, and Hye-jin Song from ELPS attended the 2023 Spring Academic Conference of the Korea Society of Waste Management to update the latest discussions and R&D cases related to waste disposal and resource circulation. At the 2023 Spring Academic Conference, various sessions were held on diverse topics related to waste and resource circulation, such as thermal treatment and energy recovery of waste, organic waste treatment and resource utilization, energy economics, and climate change. Furthermore, during the conference, a study tour program was provided, allowing participants to visit the Busan Environmental Corporation's Haeundae Business Division/Energy Business Department and Busan Green Energy, where they could directly observe facilities such as household waste incineration facilities, sewage sludge drying facilities, and district energy supply facilities, and listen to explanations about the processes from industry practitioners.