Environment and industry

We assist both private and public stakeholders in dealing with environmental issues related to their respective activities.

Our expertise covers all aspects of environmental law, including classified facilities, polluted sites and soils, environmental assessment, waste, water and protected species.

We offer a full range of legal services, from the drafting and negotiation of contracts and environmental clauses, to litigation, including legal analysis of the environmental risks associated with your projects (industrial, real estate, infrastructure, etc.).

We have also developed unique project management expertise to support you at all stages of your projects, from their development to their dismantling. In this respect, we assist you in drawing up schedules for your projects, taking into account environmental constraints, reviewing applications for administrative authorisations, assisting you in your dealings with the relevant authorities, organising the financing and/or disposal of projects, and anticipating and securing their dismantling.

Finally, we have developed recognised expertise in environmental litigation (both administrative and judicial) and in the management of crisis situations, particularly in the context of accidental pollution or the risk of destruction of species.

Our solutions

Classified facilities

 

  • Project management and audit
  • Modification of the installation
  • Administrative and criminal checks and prosecutions
  • Cessation of activity

 

Polluted sites and soils

 

  • Audits and analyses of environmental risks
  • Monitoring of cessation of classified installations activities
  • Asbestos, lead and health regulations
  • Redeployment/acquisition of industrial sites
  • Environmental guarantee clauses

 

Environmental assessment

 

  • Project concept and scope
  • Critical analysis of impact studies and case-by-case requests
  • Procedures for informing and engaging the public

 

Waste

 

  • Construction site waste
  • Notion of waste and related responsibilities
  • Ambush discharges and liability

 

Water and protected species

  • Review of application files
  • SDAGE /SAGE (Water Development and Management Master Plan) analysis
  • Ecological and functional compensation
  • Litigation risk assessment

 

Litigation

 

  • ICPEs (Installation classified for the protection of the environment), water laws, protected species
  • Planning documents
  • Environmental permits
  • Administrative requirements and sanctions
  • Cessation of activity and restoration
  • Management and monitoring of expert analyses

The team Environment and industry

Awards

Training provided

  • Training on the reform of the environmental authorisation within companies (2017-2018) and for the Training Centre for Sustainable Development and Environment of the CCI IDF (since 2017).
  • Training at the ELEGIA training centre on the topic of “Environmental assessments: measuring the environmental impacts of your projects” (2018-2021).
  • Intervention in the framework of a training course organised by the chamber of commerce and industry (CFDE) on the theme: “Disposal of polluted sites” (2 courses per year since 2008).
  • Ad hoc training course for a leading company in the construction and public works sector on the following topics: “Prevention and management of environmental risk when purchasing a site” and “Urban and environmental authorisations and procedures applicable to real estate works” (2017-2020).
  • Ad hoc training course for a leading company in the waste sector to raise awareness among regional “project” teams on the link between urban planning documents, procedures for changing local urban planning documents and identifying works subject to authorisation (2017-2018).

Academic / press publications

  • Jocelyn Duval, Chloé Dahéron and Noémie Lenormand, “Le Préfet qui ne dit mot sur la demande d’modification d’un élevage ICPE… ne consent” [The Prefect who says nothing about the request to modify an ICPE farm … does not consent], Revue Lexbase Public, October 2021.
  • Jocelyn Duval, Chloé Dahéron and Noémie Lenormand, “Vers un renforcement de la protection des espèces par la CJUE” [Towards greater protection of species by the CJEU], LexisNexis review – Energy – Environment – Infrastructures, May 2021.
  • Jocelyn Duval, “Les capacités financières et techniques d’un exploitant ICPE en débat” [The financial and technical capacities of an ICPE operator under discussion], Environnement & Technique no. 358, 2016.
  • Lorenzo Balzano, “Les apports de la loi ‘ALUR’ dans le domaine des sites et sols pollués” [The contributions of the ‘ALUR’ law in the field of polluted sites and soils], RDI 2014, p. 437.
  • Interview with Jocelyn Duval, “Precautionary Reform Project”, Novethic Info, March 2012.

References

  • Counsel to a major group in connection with the drafting of several agreements relating to the management and treatment of polluted soils and construction debris concluded with major construction companies in connection with the Grand Paris Express project.
  • Counsel to a French subsidiary of a German group specialising in metallurgy in connection with the management of a process for the cessation of activity and the restoration of a factory and the establishment of public utility easements relating to several former production sites.
  • Counsel to a US listed industrial company in connection with the management of environmental issues related to the acquisition of a branch of activity in France.
  • Advising a company specialising in services and energy in the context of the acquisition of companies carrying on complementary activities, on the environmental aspects of the transaction.
  • Advising and representing a community of agglomerations in the Isère region in the context of a dispute relating to soil pollution.
  • Advising a company in the agri-food sector in connection with liability incurred and measures to be taken following the discovery of waste illegally buried on one of its regulated environment protection facilities.
  • Advising a leading company in the treatment of site waste with a view to determining the strategy to be implemented following the discovery of the hazardous nature of waste delivered to several of its sites and from various sites in Greater Paris.
  • Advising a concession company of an airport located in France as part of the development of an administrative process aimed at regularising its situation with regard to the Water Act and carrying out extension work; and representation in the context of the appeal made by a neighbouring local authority against the environmental authorisation regulating the situation of the airport and authorising extension work.
  • Advising a public company that owns international airports located in France with a view to determining the various possible scenarios for implementing environmental and urban planning procedures (water law, environmental assessment, urban planning) to be implemented with a view to carrying out various real estate operations (renovation and extension of terminals, creation of an aerial slab, land development works with a view to their marketing).
  • Advising companies involved in the construction of a high-speed line in the context of criminal and civil proceedings initiated by the State and/or environmental protection associations related to incidents occurring during the project.
  • Advising a US industrial company listed in the management of environmental issues related to the import of industrial by-products and their processing.
  • Advising a leading French institutional investor in (i) negotiating the environmental provisions of a promise to sell and a deed of sale relating to the acquisition of a large plot of land affected by a soil information area, and restrictions of use for the operation of a prestigious office development programme representing approximately 40,000 m² in the Île de France region, and (ii) in the preparation for the legal and technical constraints that may arise in the process of audits related to soil pollution in the context of the sale of the building to be erected.
  • Counsel to the sellers of shares in an industrial company that operated an ICPE (installation classified for the protection of the environment) site in the context of pre-litigation relating to the implementation of an environmental liability guarantee.

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