An environmental law attorney assists you where your operations touch the rules on the physical living environment. Think of a permit application, an inspection visit, an enforcement decision, soil contamination or a criminal investigation. Law & More guides businesses through administrative proceedings, in discussions with the competent authority, and in liability and criminal matters.
The short answer
Environmental law is largely administrative law. The competent authority — usually the municipality or the province, acting through an environmental agency — sets rules, grants permits and enforces. Alongside that sit a criminal track and a civil track.
Those tracks run into one another. A single incident can lead to an order subject to a penalty payment, an official report and a claim from a neighbour. That calls for one consistent line on the facts and in the communication. That is where our work centres.
Environmental permits and general rules
Under the Environment and Planning Act, part of the environmentally harmful activities require a permit. For another part, directly applicable national rules from the Activities Living Environment Decree apply. In addition a specific duty of care applies, even where you comply with the rules.
We assess which regime applies to your activity. We review draft conditions before a permit is granted. We also challenge conditions that are too broad, unclear or unworkable. On amendment or expansion of an installation, we consider whether a revision permit is needed.
Soil and water quality
Soil matters arise on acquisition, on building and on cessation of operations. We advise on investigation obligations before excavation and construction, on remediation duties and on the allocation of costs between buyer, seller and tenant.
Water matters usually concern discharges. A discharge to surface water has a different competent authority than a discharge to the sewer. We determine the correct route, assess the discharge limits and guide discussions with the water authority or Rijkswaterstaat.
Noise and odour
Noise and odour limits often determine a company’s actual operating room. Conflicts arise when housing moves closer or operating hours change.
We review acoustic and odour studies on their assumptions and representativeness. We defend against complaint-driven enforcement. We also advise on customised conditions that fix operating room.
Waste
Whether a substance is waste determines the entire regime. A by-product or end-of-waste status attracts different rules than waste. That classification is factual and is regularly disputed.
We advise on classification, on acceptance and registration conditions and on transfrontier shipment of waste. In shipment matters we act in proceedings against the Human Environment and Transport Inspectorate.
SVHC and PFAS
Substances of very high concern carry a minimisation duty. You must prevent emissions to air and water. Where that is not possible, you must reduce them as far as possible and periodically produce an avoidance and reduction programme. In the Netherlands all PFAS are designated as substances of very high concern.
This affects a growing number of businesses, including outside the chemical sector. We advise on information and investigation duties, on the content of permit conditions and on the relationship with ongoing European processes.
Enforcement and administrative sanctions
The competent authority has the order subject to a penalty payment, the order subject to administrative coercion and, in certain cases, an administrative fine. Withdrawal or tightening of a permit is also possible.
We act from the moment of the intention. That is usually where the most room exists. We file views, objections and appeals, and where necessary apply for interim relief. We also advise on the compliance period, the level of the penalty payment and on collection.
Environmental crime
Breach of environmental rules is often also an economic offence. An administrative process can turn into a criminal investigation, sometimes into the company and its managers at the same time.
We assist you from the first contact with inspectors or investigating officers. We advise on the duty to make statements, on the difference between supervision and investigation, and on handling company data. In the criminal case itself we conduct the defence.
Liability for environmental damage
Where damage is caused to soil, water or nature, the party responsible can be required to take preventive and remedial measures. For a number of activities, liability applies without fault having to be established. Costs can be recovered from the party responsible.
Alongside that run civil claims from neighbours, buyers or contracting parties. We assess the liability position, the cover under your environmental damage insurance and the scope for recourse against third parties.
Who we act for
- Manufacturing, logistics and waste processing businesses
- Agricultural businesses and livestock farms
- Developers, construction companies and property owners
- Directors and managers in their personal capacity
- Buyers and sellers in transactions with an environmental component
We work from Eindhoven and Amsterdam for clients throughout the Netherlands. International files are handled in Dutch or in English.
How we work together
- First discussion. You outline the situation. We establish which deadlines are running and what must happen in the short term.
- File analysis. We study permits, inspection reports, correspondence and technical studies.
- Strategy. We set out the options, with the consequences per track: administrative, criminal and civil.
- Execution. We conduct the discussions with the authority or the proceedings, engaging technical experts where needed.
- Conclusion and aftercare. We record the agreements and advise on measures that prevent recurrence.
Deadlines in administrative law are unforgiving. Against a decision, six weeks for objection or appeal is the rule. Do get in touch in good time, even if you are still unsure whether proceedings are needed.
Frequently asked questions
We have received an intention to impose an order subject to a penalty payment. What now?
Respond with a view within the period set. First check whether the breach identified is factually correct and whether the order as described is workable. An adjustment at this stage often avoids longer proceedings.
The environmental agency is asking for data. Must we supply everything?
A supervisor has broad powers and cooperation is in principle mandatory. The scope is however limited by the purpose of the supervision. Where an investigation takes on a criminal character, different rules apply. Have this assessed before you supply.
We are buying a site with known contamination. What should we watch?
The scope of the investigation, who is responsible for any measures, and how that is recorded in the purchase agreement. Public law obligations cannot simply be shifted by contract.
Are you dealing with a permit process, an inspection, an enforcement decision or environmental damage? Law & More is happy to discuss which steps make sense in your situation. Please contact us for an initial substantive discussion.