María Margarita Lorduy

Practice Areas

Environment and Natural Resources

Career

María Margarita is Director in the Firm's Environmental Area. She has advised on environmental, commercial, regulatory law companies in the energy, oil, gas, mining, industrial, agrochemical, public services, and infrastructure sectors. She has also been an advisor on ethnic communities, prior consultation processes, public hearings, and popular consultations. She has led environmental due diligence processes in some of the most important transactions in Colombia and has participated in the financing of the main road, port, and airport infrastructure projects.

María Margarita has extensive experience in environmental sanctioning processes, design of litigious legal strategies and licensing, modification, and assignment of environmental licenses. She has experience in advising clients regarding the regulation of environmental services contracts.

Experience

María Margarita is Director in the Firm's Environmental Area. She has advised on environmental, commercial, regulatory law companies in the energy, oil, gas, mining, industrial, agrochemical, public services, and infrastructure sectors. She has also been an advisor on ethnic communities, prior consultation processes, public hearings, and popular consultations. She has led environmental due diligence processes in some of the most important transactions in Colombia and has participated in the financing of the main road, port, and airport infrastructure projects.

María Margarita has extensive experience in environmental sanctioning processes, design of litigious legal strategies and licensing, modification, and assignment of environmental licenses. She has experience in advising clients regarding the regulation of environmental services contracts.

Experience

Infrastructure

Derco: We have provided legal advice to Derco on several environmental issues related to compliance with its legal obligations (i) we conducted an environmental legal audit of a collective post-consumption system for used tires to determine compliance with the inherent obligations, (ii) we analyzed the risks involved in joining a collective post-consumption program for packaging, (iii) we advised on the environmental requirements for the opening of commercial establishments and the penalties for non-compliance, and (iv) we reviewed the findings of environmental audits contracted by Derco to prioritize risks.

Metro de Bogotá: Advising a consortium on the tender process of the Bogota Metro, a US$4.5 billion project, as well as providing legal advice on different aspects of the concession agreement to be executed by the concessionaire.

Regiotram: Advising a consortium on the tender process of the Regiotram, a US$1 billion project, as well as providing legal advice on different aspects of the concession agreement to be executed by the concessionaire, and preparing the Head of Terms for the EPC contract, the interface contract and the O&M contract.

Confidential client: Due diligence on the social matters of the acquisition of 100% of the issued shares of Baru Holding Ltd., a Cayman Islands Company. Baru Holdings Ltd. owned 49% of the issued shares of Sociedad Portuaria El Cayao, the owner and operator of the first and only regasification and storage facility in Colombia.

Concesión Ruta al Mar S.A.S., Aeropuertos de Oriente S.A.S., 4G Puerta del Hierro – Palmar de Varela y Carreto.– Cruz del Viso, 4G project Perimetral de Oriente, 4G Project Pasto Rumichaca, 4G Project Conexión Norte, 4G Project Pacífico 3, 4G Project Pamplona-Cúcuta, 4G Project Nuevo Cauca, Pamplona-Cúcuta, Perimetral de Oriente; Bucaramanga -Barrancabermeja- Yondó; Pasto-Rumichaca; Conexión Norte; Vía al Mar: Advising international and national financial institutions on the financing through the environmental due diligence and legal assessment for the mentioned 4G projects.

Sacyr – Concesionaria Vial Montes de María: Advising the client regarding the environmental strategy to modify the environmental license and the overlapping with other licensed projects. This legal advice involves infrastructure and contractual matters.

Devimar: Counseling the client regarding legal actions available against public entities.

Oil and Gas

ONGC: Acting as local counsel regarding environmental matters related to its exploring and exploiting activities. Providing legal advice and designing a legal strategy in ONGC’s administrative sanctioning proceeding.

Gran Tierra: Providing legal advice regarding environmental matters such as woodcutting ban and archeological procedures. Also acted as local counsel on the acquisition of oil and gas assets in Colombia.

Pluspetrol: Advising on the compliance of environmental obligations related to compensation matters and 1% mandatory investment.

HUPECOL Operating CO: Advising the client regarding the expiration of a project environmental license, and analyzing the alternatives to overcome the expiration conditions.

La Luna E&P S. de R.L. (La Luna): Providing legal advice to La Luna and its Colombian branch on its day-to-day legal and regulatory matters regarding its O&G operations in Colombia. From an environmental legal perspective, we reviewed the agreement to be entered between the company and a technical consultant in charge of drafting an environmental impact assessment. We also examined the environmental terms about the environmental permits required to drill stratigraphic wells, including an agreement for hiring drilling services.

Mining

Confidential: Advising through the due diligence on the environmental and social aspects for the purchase of a mining company.

Minera Cobre: Conducting a legal and procedural assessment of a subtraction of areas of forest reserve before the Ministry of Environmental and Sustainable Development.

CI Carbocoque S.A.: Advising on a Due Diligence process on the environmental and social aspects of four mining projects for the sale of certain shares.

Cannabis

Avicanna: Advising on the process to determine the presence of ethnic communities and their collective territories for the drafting of the prospectus and the issuance of legal opinions requested by the Toronto Stock Exchange.

Organto Foods Inc: Providing legal advice on the procedures before the authorities regarding overlapping with protected areas.

Experience on prior consultation

Confidential client: Advising an important port company on environmental matters regarding the environmental and social obligations and support of prior consultation processes*.

CCX S.A.: Acting as legal counsel on all environmental and prior consultation matters for their train, mine and port.

Confidential Oil and Gas Company: Leading the processes of prior consultation with ethnic communities.

Other sectors

Sacyr Concesiones Colombia S.A.S.: Provided legal advice to Sacyr regarding the regulatory framework for the thermal treatment of solid waste in Bogotá D.C., specifically related to three main areas: (i) investment and construction of facilities to produce energy derived from solid waste treatment, (ii) remuneration for the production of energy derived from solid waste treatment, and (iii) applicable environmental legal framework and requirements for obtaining an environmental license for a project to generate energy from biomass sources.

Confidential client: Provided legal advice on all environmental matters, such as the design of the legal defense strategy before the local environmental authority in an environmental sanctioning procedure. We also drafted legal environmental responses to the authority requests. We have advised the client on agreements to manage and reuse scrap and determine the feasibility of reusing wastewaters generated in the company’s operation.

Derco Colombia S.A.S: Provided legal advice to Derco on several environmental issues related to compliance with its legal obligations (i) we conducted an environmental legal audit of a collective post-consumption system for used tires to determine compliance with the inherent obligations, (ii) we analyzed the risks involved in joining a collective post-consumption program for containers and packaging, (iii) we advised on the environmental requirements for the opening of commercial establishments and the penalties for non-compliance, and (iv) we reviewed the findings of environmental audits contracted by Derco to prioritize risks.

Confidential client: Advising our client on the procedures to obtain the sanitary permits from the Colombian Agricultural Institute ("ICA") that authorize the importation of the client’s products for efficacy trials, and environmental permits before the Environmental Authority for the importation of its products. In addition, we also defined a strategy for the client to approach and manage the situation before the environmental authority.

Confidential client: Advising an important national news broadcasting channel regarding (i) the legal defense strategy in an environmental sanctioning procedure for the illegal felling and pruning of trees and (ii) the response to the environmental authority regarding compliance with a surface water concession permit in the department of Antioquia.

Confidential clients: Advising on the acquisition of land to declare private forestry reserves.

Lactalis Colombia Ltda. (Proleche): Leading the defense strategy of Proleche by advising in an environmental sanctioning procedure. We built an innovative defense strategy based on the right to due process and a pollutant dispersion model proving the client’s limited responsibility as part of our advice. We prepared the first written defense submitted to the District’s Environmental Authority; the entity accepted two of the main arguments provided. In light of an administrative procedure initiated by a police authority due to alleged noise pollution, we are also advising Proleche regarding the permitting land use of the terrain where its main facilities are located.

Lincoln Soldaduras de Colombia Ltda: Advising Lincoln Soldaduras de Colombia Ltda. a branch of Lincoln Electric, an American multinational and global manufacturer of welding products, arc-welding equipment, welding consumables, plasma, and oxy-fuel cutting equipment, and robotic welding systems, in strategic environmental matters.

Proyecto E-SAS (Laika Mascotas): advised Laika on the final disposal of ordinary and hazardous waste and animal medicines; regarding such matters, we determined Laika’s obligations as a generator of said wastes.

Languages Spoken

English

Spanish

Education

Awards