The establishment of activities, their exploitation, their transfer or their cessation, the sale of buildings, the manufacture and marketing of products are all companies and procedures subject to a growing number of environmental obligations resulting from European regulations and directives and transposed into domestic law.
These obligations are governed by a number of principles that are often mentioned and apparently simple (precaution, polluter pays, participation, prevention at source). However, their regulatory variation can sometimes seem counterintuitive.
This right is constantly evolving. Environmental protection is an area where the regulatory “pause” that is often announced is long overdue.
Environmental law is now mandatory for everyone: owners, takers, operators, producers, importers, and distributors, including online. Some of the obligations that come with it are transferable, others are not. Some obligations may last over time, in particular beyond the cessation of an activity or the marketing of a product.
Also, in order to help the various stakeholders and face the challenges associated with taking environmental law into account, at all stages of a project, a rigorous approach is required.
Our firm helps you anticipate, explain and resolve all the difficulties that may arise, in advice, in contractual matters, as well as in litigation.
With our expertise in environmental law based on more than 25 years of experience, we offer you in this now essential field personalized assistance adapted to your needs, we intervene to:
Our objective is to provide you with peace of mind and legal security so that you can focus on carrying out your projects.
The protection of the environment and physical environments is based on a considerable legislative and regulatory arsenal. A very large number of activities require prior administrative procedures with State services or, more rarely, with local authorities. In addition, economic operators are increasingly required to report on the effective and complete nature of their procedures (posters, mentions). Ad hoc on the products or at the point of sale, Reporting CSRD, etc.). We assist you in carrying out all your procedures in this regard.
Sale of land or buildings, leases, sale of waste-generating products, waste management...
Environmental protection is playing an increasing role in contractual and pre-contractual practice. We advise you in the drafting, negotiation and management of the non-execution of contracts between buyers and sellers, in the drafting of environmental liability guarantee clauses, in those of mandatory contractual declarations in contracts for the sale of buildings that have hosted classified installations, in declarations of intent to alienate, or in that of green annexes to leases.
We also advise you in the careful drafting of environmental claims, and in the implementation of information obligations relating to the environmental characteristics and qualities of products.
We support you in the management of your environmental obligations in order to prevent the risks of administrative action or sanctions or criminal proceedings (the two can also be combined). These obligations potentially apply at all stages of your activities: upstream, during activity and when they are modified or stopped. We are familiar with the administrative contacts who will be yours (DRIEAT, DREAL, DGCCRF, etc.) and intervene in the framework of procedures and possible negotiations with your interlocutors.
When it comes to damage to the environment, conflicts may arise. Abnormal neighborhood disorder is one of the most common types. The transfer of potentially contaminated sites gives rise to significant litigation (often due to clumsy clauses). Before the administrative jurisdiction, litigation over the depollution and rehabilitation of sites or that of waste occupy an important place. Environmental law has been significantly penalized over the past 20 years. The possibilities of criminal composition have expanded, but going to court sometimes cannot be avoided. We support you in these particular procedures where technique and law often intertwine.
Legal monitoring to adapt projects to new environmental protection requirements.
Legal monitoring to adapt projects to new environmental protection requirements.
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