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