Environmental Lawyer in Mersin | Attorney Ezgi Çalışkan

With its port, organised industrial zones, energy investments, extensive agricultural land and long coastline, Mersin is one of the cities where environmental disputes arise frequently. As an environmental lawyer in Mersin, I provide legal support in actions brought against environmental impact assessment (çevresel etki değerlendirmesi, ÇED) decisions, in compensation claims arising from environmental pollution, in administrative fines and suspension-of-activity decisions imposed on businesses, and in noise, odour and pollution disputes arising from neighbour law (komşuluk hukuku). In environmental disputes the time limits for bringing an action are short and technical issues are decisive; for this reason, taking the right step at the start of the process directly affects the outcome.

What Does an Environmental Lawyer Help With?

Actions for annulment against “EIA positive” (ÇED olumlu) and “EIA not required” (ÇED gerekli değildir) decisions
Disputes arising from the environmental impact of mines, quarries, power plants, factories and similar facilities
Compensation for damage suffered as a result of air, water and soil pollution
Actions arising from neighbour law, such as noise, odour, dust and vibration
Administrative fines and suspension-of-activity decisions imposed under environmental legislation
Environmental permit and licence procedures for businesses and their compliance with environmental legislation
Disputes concerning construction in coastal areas and the use of the coast
Applications for the protection of agricultural land, olive groves and forest areas

Actions Against EIA Decisions

Environmental impact assessment (EIA) is the process by which projects likely to affect the environment are examined before they are implemented. An “EIA positive” or “EIA not required” decision issued for a project can be challenged by an action for annulment before the administrative court (idare mahkemesi) by people affected by the project and local residents. In EIA decisions, the time limit for bringing an action as a rule starts to run when the decision is announced. Because announcements are often made on the websites of the governorship and the ministry or at the project site, the time limit may pass unnoticed if announcements of projects in your area are not followed.

In actions for annulment, the court usually orders an examination by a court-appointed expert (bilirkişi). The project’s impact on water resources, agricultural land, residential areas and the ecosystem, and whether cumulative effects and alternatives were assessed, are decisive in this examination. If implementing the project during the proceedings would cause damage that is difficult to remedy, a stay of execution (yürütmenin durdurulması) can be requested.

Compensation for Environmental Pollution

Under the Environmental Law (Çevre Kanunu), a person who pollutes or degrades the environment is liable for the resulting damage even without fault. Thanks to this principle of strict liability (kusursuz sorumluluk), the injured person does not also have to prove the polluter’s negligence; what matters is showing the damage and that the damage resulted from the pollution.

A compensation claim may cover items such as damage to agricultural produce, loss of animals, loss of value of the property, medical expenses and non-pecuniary damage. In these cases, the most critical stage is collecting evidence in good time. To establish the pollution, a request for preservation of evidence (delil tespiti) can be made to the court, samples can be taken, and documents such as photographs, videos and analysis reports should be kept. As pollution may be temporary, evidence may be lost if it is not recorded promptly.

Noise, Odour and Neighbour Law

The Turkish Civil Code (TMK) requires property owners, when exercising their ownership rights, not to disturb their neighbours in an excessive way. Excessive noise, odour, smoke and dust caused by a business, workshop, entertainment venue or construction site can be the subject of an action to remove or prevent the damage and to claim compensation. Whether a disturbance exceeds the “ordinary” limit is assessed according to the nature of the location, the intended use of the area and local custom.

In these disputes, complaints made to the municipality and to the provincial directorate of environment (il çevre müdürlüğü) are also important. Measurements ordered and sanctions imposed by the administration become strong evidence in any action brought later.

Administrative Fines and Suspension-of-Activity Decisions

Businesses may be given high administrative fines for breaches of environmental legislation; in some cases, a partial or complete suspension of activity is ordered. The judicial remedy and the time limit for challenging these decisions are determined by the law on which the penalty is based. As the time limits are short, an assessment should be made as soon as the penalty or suspension decision is served. The content of the inspection report, whether the measurement method complies with the legislation and whether the right of defence was granted are the key points of an objection. For general proceedings against administrative acts, you can refer to the administrative law page.

Environmental Compliance for Businesses

Businesses whose activities affect the environment have obligations that require regular monitoring, such as environmental permit and licence obligations, waste management, emission measurements and reporting. A lack of compliance often comes to light through an inspection or a complaint and turns into a fine, a suspension of activity or liability for compensation. Managing the EIA process correctly before an investment, and regularly checking permits and records at existing facilities, reduces these risks. For matters relating to energy investments, you can refer to the energy sector page.

Coastal Areas and Agricultural Land

Under the Coastal Law (Kıyı Kanunu), the coast is under the rule and disposal of the State and is open to the equal use of everyone; construction on the coastal strip is subject to strict rules. On Mersin’s long coastline, structures built on the coast, reclaimed land and decisions on coastal use are frequently the subject of disputes. The use of agricultural land for other purposes and activities close to olive groves and forest areas are also subject to special protection rules. For matters concerning agricultural producers, you can refer to the agriculture and food sector page.

Environmental Cases in Mersin

Actions for annulment brought against EIA decisions and administrative acts under environmental legislation are heard by the administrative courts in Mersin. Compensation claims arising from pollution and actions based on neighbour law are generally brought before the civil courts of first instance (asliye hukuk mahkemesi) in Mersin. In Mersin, industrial facilities, port activities, energy projects and coastal construction, and in districts such as Tarsus, Erdemli, Silifke and Anamur, projects affecting agricultural land, are among the main sources of environmental disputes. For matters relating to property rights, you can refer to the real estate law page.

Frequently Asked Questions

How can I object to a facility to be built near my home?

If an EIA decision has been issued for the facility, an action for annulment can be brought against it before the administrative court. Since the time limit for bringing an action starts with the announcement of the decision, the date of the announcement should be established immediately. If the process is still at the public participation meeting stage, it is also possible to attend the meeting and give your views.

Do I have to live in the project area to bring an action against an EIA decision?

People who live within the project’s area of impact, or who own property or agricultural land there, are generally accepted as having an interest in bringing an action. In environmental matters, court decisions tend to interpret the interest required to bring an action broadly. In each case, the person’s connection with the project is assessed separately.

Can I claim compensation for environmental pollution?

Yes. Under the Environmental Law, the polluter is liable for the resulting damage even without fault. The damage and its link with the pollution must be shown by evidence; for this, preservation of evidence and examination by a court-appointed expert are important.

What can I do about noise from my neighbour’s business premises?

First, you can file a complaint with the municipality and the provincial directorate of environment and ask for measurements to be taken. If the disturbance exceeds ordinary limits, an action can be brought on the basis of neighbour law to have the disturbance removed and to claim compensation.

My business has been given an environmental fine. What should I do?

You should note the date on which the penalty decision was served and assess the decision, the inspection report and the measurement reports together. Since the remedy and the time limit vary according to the law on which the penalty is based, an objection or an action should be pursued before the time limit expires.

Get an Assessment of Your Environmental Dispute

To object to a project in your area, to claim compensation for damage caused by pollution or to have a penalty imposed on your business assessed, you can reach me through the contact page.