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Less than a week apart, the end of the year brought two developments in the case of the impact of the Turów mine on the environment in Czechia. Both developments are in line with the long-term efforts of Frank Bold experts to make information on the state of groundwater available and to mitigate the overall impact of mining.
After a year and a half, the Ministry of the Environment responded to the Polish hydrogeological model by requesting a mining plan and an overview of measures to minimize the possible decline in groundwater near the mine from the Polish government. The Supreme Administrative Court rejected the cassation complaint of the mining company PGE in one of the disputes over access to information on the state of groundwater.
The Ministry of the Environment announced that Czech experts had assessed the Polish hydrogeological model as balanced and correctly prepared. However, the model brought alarming news—it confirmed that groundwater levels in deeper aquifers may continue to decline.
"We welcome the fact that the Ministry of the Environment had the Polish hydrogeological model independently assessed by Czech experts. This is exactly what we, as the Frank Bold expert group, requested back in February 2024. However, the entire process was unacceptably delayed, which means further delays in protecting the drinking water sources of the locals," said Laura Otýpková, a lawyer at Frank Bold.
According to the Polish EIA decision, the hydrogeological model should have been completed by June 30, 2024, but its submission by the mining company PGE was delayed by several months. A group of Czech experts received it for review in May 2025, but the Ministry of the Environment has only now published the results.
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Shortly after the publication of information about the hydrogeological model, another shift occurred. The Supreme Administrative Court rejected the cassation complaint of the Polish mining company PGE against the judgment of the City Court in Prague in the case of access to information about the Turów mine.
The court agreed with Frank Bold's expert opinion and clearly stated that the Czech-Polish intergovernmental agreement does not take precedence over Czech law. The possible disclosure of information in accordance with the law on the right to environmental information would not constitute a violation of the Czech-Polish agreement.
The Supreme Administrative Court also confirmed that the Ministry of the Environment did not carry out a proper proportionality test, i.e., a balanced assessment of the public's right to information against the interests of the mining company. The court pointed out that it is not possible to use political arguments in this test, which the Ministry of the Environment has used so far, such as fears of termination of the agreement or threats to relations between Czechia and Poland.
"We appreciate that the Supreme Administrative Court has confirmed our legal opinion. The decision came at a time when it was confirmed that groundwater levels in the vicinity of the Turów mine will continue to decline. The classified data apparently provides a more detailed picture of the negative impacts of the mine and making it available to the public would put further pressure on the Polish side to take additional measures against water runoff or change its mining plans," explained Laura Otýpková.
For residents of villages near the mine, the continued secrecy surrounding the data means great uncertainty. "Before the new hydrogeological model was provided, which only confirmed what we already knew, mining had practically reached the Czech border. I hope that the new government will take a much more assertive approach," said Milan Starec from the Sousedský spolek Uhelná (Uhelná Neighbourhood Association).
Frank Bold points out that the experience with the implementation of the Czech-Polish agreement so far has not been encouraging. Although the underground wall built in 2022 does not leak, water flows around and under it, causing a further decline in groundwater levels in Czechia.
"We believe that the new government will take up the protection of groundwater on the Czech-Polish border and will intensively negotiate with the Polish side on appropriate measures to protect the people living near the mine and the landscape around them," concluded Laura Otýpková.
Due diligence under the Corporate Sustainability Due Diligence Directive (CSDDD) is designed to direct finite corporate resources towards the issues that matter most for people and the environment. At the heart of that effort is prioritisation, defined in Article 9 of the Directive. Having spoken about this topic at the RBA conference this week, I want to share some reflections on what good prioritisation looks like in practice and what pitfalls to avoid.
The Parliament proposal shows that many of the concerns raised through Frank Bold’s research and engagement with policymakers are now entering the legislative mainstream. But the negotiations ahead will determine whether the final framework is capable of addressing the structural weaknesses that continue to undermine trust in the sustainable investment market.
The European Commission has published its draft Delegated Regulation revising the European Sustainability Reporting Standards (ESRS). The revision follows the Omnibus I Simplification Package and is presented as a burden-reduction measure. Some of it is - but a closer reading reveals a set of changes that go well beyond simplification, departing from EFRAG's technical advice and disregarding formal recommendations from the European Supervisory Authorities. Many of these changes have significant implications for the quality and comparability of sustainability data available to the market and public.
