Nadużycie prawa w kontekście uchylenia decyzji środowiskowej po rozpoczęciu budowy
Abuse of law in the context of revoking an environmental decision after the commencement of construction

Summary/Abstract: The environmental decision (DUŚ) is a key element of the investment procedure, particularly for projects that may significantly impact the environment. Its revocation after obtaining a building permit and starting the investment carries significant legal consequences for both investors and administrative authorities. This article examines the legal grounds for revoking environmental decisions and the implications of such actions in terms of investment stability and the principle of legal certainty. The study aims to define the boundaries of legality in revoking environmental decisions after the commencement of construction and to investigate whether such actions may constitute an abuse of administrative law. The analysis considers the provisions of the Administrative Procedure Code, the Act on Access to Environmental Information, and the Building Law, as well as relevant court rulings. It discusses situations where revoking an environmental decision may be justified by new circumstances or public interest, as well as cases where administrative authorities’ actions may violate the principle of trust in the state and the law. The article highlights the need to balance environmental protection with investment stability. It proposes legal solutions that could enhance legal certainty for investors while minimizing the risk of abuse in the process of revoking environmental decisions.

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