Environmental Law
In the field of environmental law, the focus of our legal practice is on the areas of contaminated sites and soil protection law, immission control law and waste management law. We also deal with issues relating to environmental impact assessment law, nature conservation law and water and waste water law.
In the field of contaminated sites and soil protection law, we advise both public legal entities and private individuals and companies on the handling of brownfield sites as well as harmful soil changes and contaminated sites, including groundwater contamination caused by contaminated sites. Upon request, we accompany our clients through all stages of this process, from the historical and initial investigation to the detailed investigation (with hazard assessment), the remediation investigation and the remediation planning up to the completion of the remediation and any subsequent monitoring. Examples of our legal activities include:
- the assessment of liability risks in the acquisition of potentially contaminated or (partially) rehabilitated properties,
- advising public legal entities on identification of and consultation with developers,
- drafting of public law contracts both on behalf of private legal entities (companies, private individuals) and public legal entities (in particular municipalities),
- the assertion or defence of compensation claims (in-court and out-of-court) pursuant to § 24 para. 2 BBodSchG (Federal Soil Protection Act)
We also advise and represent both public (in particular municipalities) and private legal entities (companies) in immission control law. Our activities here cover all stages of the approval procedure under immission control law, including the preparation of initial status reports in accordance with § 10 para. 1 a BImSchG (Federal Immission Control Act). As far as plants licensed or to be licensed under immission control law for the recovery and disposal of waste and other materials pursuant to No. 8 of Annex 1 to the 4th BImSchV (Federal Immission Control Act) are concerned, our activities in immission control law overlap with those in recycling economy and waste law. Beyond the licensing of plants, we advise and represent public and private legal entities in legal matters and legal disputes, e.g. concerning the provision of security or the scope and range of decommissioning and aftercare obligations. In particular, we advise and represent public legal entities, as well as private companies, in the field of waste disposal law concerning the licensing and decommissioning of landfills. We also advise companies on the recycling of soil material and mineral waste. In water and wastewater law, we advise and represent our clients in licensing and approval procedures under water law, for example in connection with direct or indirect discharges or the approval of wastewater treatment plants.
Our particular areas of expertise include the interface between environmental law and insolvency law, and infringements of environmental regulations and environmental criminal law. We advise and represent both insolvency administrators and environmental authorities in environmental law issues and disputes in insolvency proceedings. Our activities in this area include, for example, advising on the environmental consequences of taking possession of real estate or continuing to operate a plant approved under immission protection law. We also advise and represent public authorities, private individuals and private companies in infringements of environmental regulations and environmental criminal law.
