Strategic support during an OFB inspection: securing your defense during environmental inspections

Inspections carried out by the French Office for Biodiversity (OFB) now concern many farmers, landowners, companies, local authorities, and individuals. Given the complexity of these operations falling under environmental policing or water policing, recourse to a lawyer is an essential strategic step. The Macfarlanes LLP firm offers expert support to best defend the interests of each stakeholder in the preventive phase, during the inspection, or in all litigation proceedings.

The legal framework for inspections carried out by the OFB

The OFB has broad powers in terms of biodiversity preservation, hunting management, monitoring of natural areas, tracking of protected species, and control of agricultural structures as well as wetlands. Its scope of intervention covers both classified installations and uses related to water, from abstraction to fishing. Sworn agents intervene upon report or during scheduled campaigns, carrying out thorough checks of compliance with regulations.

These environmental inspections are based on various legal foundations from the Environmental Code, the Rural Code, or the Forestry Code. The procedure is strictly regulated to guarantee the rights of the person being inspected. Any irregularity found may lead to an administrative formal notice, financial penalties, or even criminal prosecution.

The investigation and inspection powers of OFB agents

Agents of the French Office for Biodiversity have advanced training and are sworn in before the judicial authority, which gives them specific investigative powers. Their main mission is to identify environmental offenses, gather evidence, and draft detailed reports.

A lawyer expert in environmental law perfectly masters these mechanisms and intervenes from the preparation of the inspection. He analyzes each act carried out by the OFB, identifies procedural irregularities and anticipates the risks incurred during OFB inspection from the first exchanges with the administration.

• Access to the site, collection of documents and samples
• Interrogations of collaborators or third parties present
• Finding of non-conformities in the installation or waste management
• Seizure of material evidence and exploitation of digital data

Scope of missions during an inspection

OFB inspections cover several aspects: compliance with obligations related to protected species, conformity in wetlands, traceability of agricultural or industrial activity, and safety of hydraulic structures. Each sector is subject to specific regulations, ignorance of which exposes to serious consequences. OFB legal support helps anticipate this complexity and quickly adjust the environmental control defense strategy.

The assistance of a professional also ensures secure declarations and responses to requests from agents, from the stage of hearings or unannounced visits.

Issues encountered during OFB inspections

Many sectors are concerned: farmers, industries near sensitive environments, tourist establishments, developers, local authorities. A misinterpretation of regulations, the absence of an environmental compliance audit, or careless communication can lead to formal notices, activity suspensions, significant fines, or prosecutions before the competent court.

Being assisted by a lawyer specialized in OFB controls greatly reduces exposure to these risks thanks to responsive advice, immediate assistance, and optimal management of the administrative or judicial file.

What are the rights of the person being checked?

From the start of the inspection, any natural or legal person holding a site or operation benefits from guaranteed rights under the law. Macfarlanes LLP advises on the best way to exercise them to avoid any error that could be used against them.

Among the fundamental rights are:

• Prior information on the identity and status of the intervening agents
• The possibility of requesting the presentation of the mission order or official authorization
• The immediate assistance of a lawyer expert in OFB control authorized to intervene
• Respect for private and professional life during searches or seizures
• Access to the file and to the content of the drawn-up reports
• The ability to submit in writing any relevant observations on the alleged facts
• Rapid implementation of administrative or judicial challenge procedures

A specialist lawyer in OFB control ensures the strict application of these rights and guarantees that the defense is ensured at every stage, including in the event of urgency or precautionary measures decided by the administration.

He handles the precise drafting of official correspondence, managing relations with authorities, and preparing appropriate responses, thereby limiting any risk of clumsy statements or complacency in the establishment of evidence.

Support from the Macfarlanes LLP firm throughout all phases of the OFB inspection

Calling upon a lawyer specialized in OFB controls from the Macfarlanes LLP firm ensures proactive management of the case, from the initial audit to representation before administrative or judicial courts. This comprehensive support is intended for any exposed structure, regardless of its size or sector of activity.

The team offers strategic intervention at each stage:

• Personalized environmental compliance audit before any inspection
• Training and awareness of operational teams
• On-site assistance during OFB inspection operations
• Detailed analysis of reports and preparation of substantial responses
• Management and drafting of administrative appeals against sanction decisions, formal notices or orders
• Defense before the competent judicial or administrative court in case of dispute

This method encompasses all aspects of environmental law and adapts equally to issues specific to agricultural structures as to the challenges of local authorities or industries. The customization of the environmental defense control allows for effective anticipation of each situation, regardless of the context or nature of the proceedings initiated.

Beyond responsiveness, the firm is committed to discretion, rigor, and the constant pursuit of a favorable outcome for its clients, backed by a recognized network in the field of biodiversity and French environmental regulations.