Environmental Law

Representation of a client’s interests in a legal dispute with the Departments’ of the Federal Service for the Supervision of Natural Resources of the North-West Federal District, “Marine Supervision” department

By 12.11.2018 No Comments

The client, the largest producer of Atlantic salmon in the Russian Federation, turned to Legal Studio with a request to provide legal services in representing its interests in a legal dispute with the Departments’ of the Federal Service for the Supervision of Natural Resources of the North-West Federal District, “Marine Supervision” department. The client was requested to compensate for the damage caused to the environment as a result of  non-self-propelled floating equipment – feed storage, sinking in the waters of the Barents Sea. The size of the stated damage claims amounted to more than 38 million rubles. Consideration of the dispute was complicated by the presence of an enforceable ruling on an administrative offense case, in which the client had been found guilty of an administrative offense, the basis of which coincided with the basis for recovering the damage in the amount mentioned above, as well as the entry into force of the court decision to oblige the client to remove the feed storage from within the bay area where the storage was located, and which had not been executed by the client at the time of the sinking of the storage. In addition, this dispute was complicated by the fact that the sinking of the feed storage occurred at the time of a storm. In the course of the process, it was possible not only to prove the absence of guilt  on part of the Client in the occurred accident, but also the absence of evidence of harm to the environment and the water body, as well as the method itself used by the claimant to calculate the amount of damage was challenged.