Vergara Galindo Correa Abogados > Santiago, Chile > Firm Profile
Vergara Galindo Correa Abogados Offices
BADAJOZ NO 45, 8TH FLOOR
LAS CONDES
SANTIAGO
Chile
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Vergara Galindo Correa Abogados > The Legal 500 Rankings
Chile > Environment Tier 1
Vergara Galindo Correa Abogados' sizeable environmental and regulatory department comprises specialists in the environmental assessment of natural resources projects (predominantly mining and water) of all sizes. It also assists with obtaining the authorisations and permits required for the development, construction and operation of such projects, as well as advising on compliance issues. On the contentious front, the team regularly litigates in constitutional, administrative, civil and criminal law disputes. The team inclcudes several partners with past-public sector experience: Mario Galindo
‘s career includes 10 years as a litigator at National Environmental Commission (CONAMA); Javier Vergara is a former CONAMA (Metropolitan Region) technical secretary, prosecutor and director; and Cecilia Urbina's curriculum includes being the first compliance and sanction division head at the Superintendence of the Environment (SMA). The team also includes highly-rated environmental law specialist José Luis Fuenzalida, while current litigation department head Ignacio Mujica (raised to partner in December 2022) acts in environmental damage litigation claims. At director level, Francisca Olivares routinely assists with obtaining projects’ environmental approvals and the processing of environmental and sectoral permits; and Elena Fischman focuses on environmental compliance and risks. Associate Josefa Conget acts in environmental and administrative litigation, but former senior Paula Gajardo left the firm in May 2022. Practice head(s):
Mario Galindo; Javier Vergara; José Luis Fuenzalida; Cecilia Urbina
Chile > Water law Tier 3
Highly active in environmental and regulatory matters, Vergara Galindo Correa Abogados assists both domestic and foreign companies with the securing, regularisation and perfection of mining-sector-related water rights; actions before the General Department of Waters for the authorisation of transfers and adjustment of water rights; and procedures before the Hydraulic Works Department for the approval of water works and modification of water courses. It also advises on the development of desalination projects. The practice is led by mining, water and energy law specialist, Winston Alburquenque, who is also director of the Universidad Finis Terrae’s mining and water Masters' programmes. Recently-elevated associate director Solange Villarroel focuses on water law work, as well as natural resources-related transactions and litigation.Practice head(s):
Winston Alburquenque
Energy and natural resources > Mining Tier 4
Highly focused on environmental and regulatory law matters, Vergara Galindo Correa Abogados' mining practice handles the securing, regularisation and perfection of water rights, as well as advising on the viability of water supplies for mining exploration and exploitation. The team additionally assists with the constitution and protection of mining property, mining project-related dispute resolution, and the processing of permits and compulsory easements. A professor of mining law at the Pontificia Universidad Católica de Chile, practice leader Winston Alburquenque specialises in mining, water and energy law.Practice head(s):
Winston Alburquenque
Testimonials
‘Knowledge of specific topics and a great understanding of technical problems that require legal and/or regulatory support.‘
‘Very available, which gives them a better understanding of the issues to be dealt with.‘
Vergara Galindo Correa Abogados > Firm Profile
We are a pioneer law firm in the exclusive specialization in environmental, regulatory and natural resources matters, founded by lawyers with a relevant participation in the public service, experience that has allowed us to gather a team integrated by more than 50 professionals of excellence in their practice áreas.
We have built our history based on respect and integrity, working to generate value in everything we do. Each and every one of the members of VGC Abogados has become a key player in ensuring compliance with the values that are part of our essence.
During our trajectory, we have tackled projects of high complexity and transcendence at national level, achieving creative and innovative solutions, which have become a substantive contribution to the development of quality initiatives and recognition in the legal industry.
With a strong vocation for teamwork, our permanent challenge is to be at the forefront of knowledge in each of our practice areas in order to provide optimal attention to our clients and in this way continue the leadership achieved over the years.
Innovative practice. Strategic solutions. Legal advice of excellence.
Our practice areas
Energy and natural resources: With the current environment, as a result of changes in society and legislation, companies are reconsidering how they develop and operate their business. At VGC Abogados, we offer an expert and thorough view which allows our clients to face their daily challenges in a timely and efficient manner.
Our services in this regard including, among others:
- Securing, regularization and perfecting water rights.
- Actions and procedures before the General Department of Waters for the authorization of transfers and adjustments to water rights.
- Actions and procedures before the Hydraulic Works Department for the approval of water works and modification of water courses.
- Advice on the development of desalination and reuse of water projects.
- Strategic analysis for the viability of water supply and solutions for mining exploration and exploitation.
- Registers of mining property and water use rights.
- Constitution and protection of mining property.
- Resolution of disputes related to the development of mining projects.
- Processing of permits and compulsory easements necessary for project licensing.
- Processing of electrical concessions before the Electric and Fuel Superintendence and maritime concessions before the Sub-secretary of the Armed Forces.
- Preparation of legal opinions for the analysis and resolution of complex legal situations, conflicts of rights, concessions and technical-legal matters.
Litigation: environmental, contentious administrative proceedings, constitutional, civil, criminal, work-place safety: We advise and represent our clients, among others, in the following matters:
- Constitutional litigation
- Constitutional Protection Appeals
- Claims of nullity of public law
- Environmental damage actions
- Crimes related to industrial activity and environmental damage
- Crimes related to the protection of the life and safety of workers (crime of homicide and crime of injuries).
- Special lawsuits related to urban, municipal, electrical, mining, water rights, leases, precarious, and appeals of fines and measures. Arbitration, voluntary and enforcement proceedings.
Compliance: Both nationally and internationally, compliance areas within companies have been consolidated. At VGC Abogados we have professionals with vast experience, both in the public and private sector, who are focused on advising our clients on the identification of risks and the development and implementation of compliance plans and programs, both at a preventive level and in the context of proceedings before administrative or judicial authorities. Nowadays, obtaining permits should be considered as the first step, being its implementation within the sphere of a permanent evaluation by the licensees in order to analyze risks and action plans tending to maintain the continuous compliance with the requirements applicable to them.
We provide advice, among others, on the following topics:
- Evaluation of preventive compliance with environmental requirements.
- Evaluation of compliance with permits and their requirements.
- Risk assessment and analysis.
- Strategic accompaniment in the processes of control of the Superintendence of the Environment (SMA).
- Review of environmental requirements associated with audits.
- Defense and legal advice in sanction procedures initiated by the SMA.
- Development and implementation of compliance plans and programs and remediation plans.
Environment: It is widely known that environmental law has developed greatly in recent years. At VGC Abogados, which was the first boutique firm that specialized in this area of practice, we provide support to our clients over the complete cycle of each project so that they can carry out their projects successfully.
Among others, we handle the following matters:
- Advice on the environmental assessment of projects and the design of strategies for approval, including obtaining environmental and sectoral permits.
- Actions and procedures before sectoral authorities.
- Preparation of legal opinions for the analysis and resolution of complex environmental matters.
- Advice and consulting related to matters of generation, transport and operation of wastes.
- Performance of environmental legal audits.
- Due diligence for financing and project acquisitions.
- Support in negotiation processes with communities.
- Advice on applying Law 19,253 on Protection, Promotion and Development of Indigenous Peoples and ILO Convention 169 on Indigenous and Tribal Peoples in Independent Countries.
Public law: constitutional, administrative, regulatory: Nowadays, there is no regulatory or transactional matter that does not involve aspects directly or indirectly related to the State. We advise on issues such as applications for complex authorizations, to support in investigations and possible proceedings initiated by government agencies in multiple areas of public law (environmental, mining, electricity, water, sanitary, urban, municipal, education, health, transportation, among others), assuming an active defense against unfavorable administrative acts by questioning and / or challenging administrative sanctions or fines.
Our team has vast experience in strategic advisory in control and sanction procedures by the State Administration, with successful cases of the use of alternative mechanisms to sanction (i.e. self-reporting, compliance programs, correction of non-compliance, among others).
We also represent our clients in litigation before ordinary courts, special courts and superior courts of justice (the Most Illustrious Courts of Appeals, the Supreme Court and the Constitutional Court), as well as in special contentious-administrative proceedings. In fact, at VGC Abogados we have a wide practice in contentious-administrative proceedings, protection actions, economic protection, among others.
We also provide our services in matters of regulatory, legislative and constitutional changes, allowing our clients to identify and prevent possible risks derived from them, collaborating in eventual adjustments to their businesses or defining strategies that allow either benefiting them and/or solving controversies that arise in the public-private relationship.
Our area has lawyers with experience in recognized public agencies and with extensive experience in litigation, which allows us to provide a suitable, current and relevant advice and defense in matters of constitutional and administrative law.
Our work includes, mainly, the following:
- Advising on matters of Constitutional Law, Administrative Law and Sectorial Regulations.
- Monitoring in the processing of bills and evaluation of the effects of the eventual approval of its rules and indications.
- Monitoring of legal initiatives.
- Presentations before the Contraloría General de la República and the Constitutional Court.
- Strategic support and legal defense in collaboration with other areas of the firm, in matters of general public law.
- Application of the Transparency Law.
- Training in regulatory compliance (e.g., with respect to the Climate Change Law and CMF regulations on new environmental reporting obligations for companies).
- Research in comparative public law.
- Public law reports.
Community and sustainable development: Investment projects are currently facing a complex scenario, and this is partly due to the increase in socio-environmental conflicts. To avoid or mitigate the emergence of such conflicts, or to ensure that they are successfully resolved, it is essential to work together with the communities involved.
At VGC Abogados we advise our clients, both remotely as well and in field work, regarding the legal and strategic aspects that must be taken into account to achieve successful community relations, which will allow the implementation of investment initiatives that can effectively contribute to sustainable development.
Our services include, among others:
- Advice on the application of the following legal bodies: (i) Law 19,253 on the Protection, Promotion and Development of Indigenous Peoples, (ii) Law 20,249 creating the Maritime Coastal Zone for Indigenous Peoples, and (iii) the ILO Convention 169 on Indigenous and Tribal Peoples in Independent Countries.
- Assistance in early public participation processes, formal public participation processes and indigenous consultation processes, both within and outside the Environmental Impact Assessment System.
- Legal and strategic advice in the development of human environmental baselines and community impact assessment, as well as in the development of voluntary environmental commitments and mitigation, restoration and/or compensation measures.
- Legal and strategic advice in the elaboration of Resettlement Plans and Participatory Monitoring Programs.
- Assistance in relation to the conclusion of agreements and partnerships with local communities.
- Assistance in dialogue and negotiation processes with communities, ideally before the judicialization of conflicts, supporting the creation and implementation of mechanisms for the institutionalization of permanent dialogue among the parties.
- Advice on community participation in difficult circumstances such as situations of environmental damage, sanctioning procedures, among others.
- Legal advice in relation to the development and implementation of community relations strategies.
- Strategic advice on the identification and participation of relevant stakeholders and local, regional and national authorities.
- Advice in relation to the consideration of human rights in the development of investment projects
Main Contacts
| Department | Name | Telephone | |
|---|---|---|---|
| Javier Vergara Fisher | jvergara@vgcabogados.cl | 56-2-22368077 | |
| Mario Galindo Villarroel | mgalindo@vgcabogados.cl | 56-2-22368077 | |
| Cecilia Urbina Benavides | curbina@vgcabogados.cl | 56-2-22368077 | |
| José Luis Fuenzalida Rodríguez | jfuenzalida@vgcabogados.cl | 56-2-22368077 | |
| Pablo Ortiz Chamorro | portiz@vgcabogados.cl | 56-2-22368077 | |
| Winston Alburquenque Troncoso | walburquenque@vgcabogados.cl | 56-2-22368077 | |
| María Eugenia Armisén Causarano | marmisen@vgcabogados.cl | 56-2-22368077 | |
| Ignacio Mujica Torres | imujica@vgcabogados.cl | 56-2-22368077 |
