KSB Defends Another Biomass Heating Plant Against Lesy ČR’s Damages Claim

On 4 January 2022, the Court of Appeal's judgment that rejected Lesy České republiky, s.p.’s claim for compensation for damage to forests that was allegedly caused by a biomass heating plant in South Bohemia in 2016 became final and enforceable. The court disagreed with Lesy ČR’s argument that the operation of a source of air pollution was particularly hazardous and, at the same time, took into account the fact that biomass heating plants are significantly more environmentally friendly than fossil fuel-based operations.
Lesy ČR’s claims are filed annually based on the data registered in the Register of Emissions and Sources of Air Pollution. Such data become the basis for an expert deposition study, whereunder Lesy ČR claims compensation for damages for premature removal of forests, for reduced growth, production and quality of forests, and for special or more costly measures in individual calendar years. Although the court confirmed that the methodology which Lesy ČR uses to calculate the damage to forests is generally correct, it also held that efficient measures had been introduced in the operation of the defendant’s heating plant to reduce emissions to the maximum extent possible. The court also held that entirely emission-free generation of heat and electricity is not possible given the current state of general knowledge and the commonly demanded scope of heat and electricity supplies.
The judgment in question is of great importance given its precedent-setting nature, both for heating plants using biomass as fuel and for operators of other industrial plants which are successfully implementing measures to make their plants greener.
Other articles
KŠB Supports Smetana Litomyšl’s Charitable Grand Finale
The 68th annual Smetana Litomyšl Festival closed this year with the Grand Finale – Italian Film Night, which took place under the patronage of our law firm. The Czech Radio Symphony Orchestra, conducted by Tomáš Brauner, performed celebrated film music by Nino Rota, Luis Enrique Bacalov and Ennio Morricone in the second courtyard of Litomyšl Castle, which was also broadcast live on ČT Art and Czech Radio Vltava.
Jan Lasák Speaks at Balkan Legal Forum 2026
KŠB partner Jan Lasák took part as a panellist at this year’s Balkan Legal Forum 2026, one of the leading conferences focusing on the legal market in Central and South-Eastern Europe.
KŠB Partner Tomáš Sequens Speaks at the “Law and the Environment” Conference
Organized by Česká justice and Ekonomický deník at Truhlárna Karlín in Prague, the “Law and the Environment” conference brought together representatives from the government, the business sector, the professional community, and the legal profession to discuss the current challenges related to environmental protection, decarbonization, and the regulatory framework for doing business.