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Environment law

The lawyers of the Environmental Law Department provide advice and litigation support to environmental law stakeholders during their project development, implementation and completion phases. The team also manages various issues that might arise in connection with their client’s activities.

The Environmental Law Department provides advice and litigation support to environmental law stakeholders.

The Environmental Law Department acts on behalf of :
- stakeholders in the renewable energy sector
- industrial companies
- design and engineering firms
- public sector stakeholders
- insurance companies

Skills

Facilities Classified for Environmental Protection (ICPE)

• Assistance compiling authorization applications (impact studies, public inquiries, urban planning authorizations, ICPE authorizations, regulation of GHG emission allowances, technological risk prevention plans, etc.).
• Following examination procedures with various authorities.
• Assistance in the event of disputes related to authorization requests (appeals against authorization refusals, defense in case of claims by third parties against authorizations, etc.).
• Advice and assistance in case of an incident during operations (notification of Regional Department of the Environment, Planning, and Housing (DREAL)), notification of the towns concerned, etc.).
• Assistance in case of disputes related to facility operations (abnormal neighborhood disturbances : noise, discharge of substances related to facility operation, changes in operating requirements, changes related to operating conditions, etc.).
• Assistance and advice on facility sale transactions (environmental audits, preparation/revision of sale contracts, drafting of environmental liability guarantee provisions, easements, restrictions on use, etc.).
• Assistance and advice on cessation of activity.

Water Law

• Assistance in compiling declaration and authorization applications for facilities withdrawing and/or using water, large infrastructure projects, monitoring of examination proceedings alongside various authorities (impact studies, public inquiries, natural risk prevention plans, etc.).
• Assistance in case of disputes relating to declarations or authorization requests (recourse against refusals of operation, defense in case of third party claims against authorizations, etc.).
• Assistance in case of disputes related to facility operations (abnormal neighborhood disturbances, pollution, changes in operating requirements, changes related to operating conditions, etc.).
• Assistance and advice on cessation of operations.

Contaminated Sites and Soil

• Assistance with the acquisition or sale of a contaminated site (environmental audits, implementation or development of environmental liability guarantee provisions, assessing legal impacts of environmental liability guarantees in connection with specialized consulting firms, etc.).
• Assistance before legal and administrative courts with disputes related to the existence of pollution in the soil and in the context of amicable appraisals or appraisals ordered by the courts, the determination of liability, the implementation of insurance coverage, etc.

Waste

• Assistance with the rehabilitation of buildings and industrial sites (removal of asbestos, waste removal procedures, ect.) and with litigation management.

Mines and Quarries

• Assistance preparing operating license requests.
• Assistance contracting out safety and rehabilitation works on previously used sites.
• Litigation related to rehabilitation and safety works at the end of a concession.
• Assistance implementing easements and usage restrictions.

Renewable energies

• Assistance defining the terms for installing renewable energy production units using photovoltaic, wind, geothermal, and biomass combustion facilities (legal regime applicable to the occupation of the land on which the facilities are installed).
• Assistance and advice on obtaining building and operating permits, management of potential disputes with administrative authorities, as well as third party claims, drafting or reviewing contracts pertaining to the manufacture of electricity production equipment, their installation and commissioning, as well as contracts on building and civil engineering construction required for operation.
• Assistance and advice on insurance coverage and insurance programs adapted to the activity, the operator’s needs, and legal and regulatory constraints (master policies, insurance classes, captive insurance, coinsurance, and reinsurance).
• Assistance and advice regarding the acquisition of renewable electricity production units (acquisition audit, preparation of documentation relating to the sale, implementation of the formalities required for the transfer of ownership, management of legal and contractual guarantees, verification of insurance coverage).
• Assistance drafting operating contracts for electricity production facilities as well as energy and network access procurement contracts.
• Assistance and advice on how to develop and market construction products incorporating renewable electricity production equipment (applicable special regulations, liabilities, insurance guarantees, contractual guarantees).
• In conjunction with Alerion’s Financing Department,management of guarantee mechanisms likely to be implemented in favor of the credit institutions which contributed to the transaction.
• In conjunction with Alerion’s Tax Department, management of the fiscal implications and consequences of the set up and operations of the facility.