Lawyer expert in repairing ecological damage

Are you witnessing damage to biodiversity near you? Do you want to prove environmental damage in order to obtain compensation? Are you wondering about the possible remedies for degradation of the ecosystem caused by human activity? Our lawyers specialized in compensation for ecological damage are available to assist you in legal proceedings to obtain justice.

Specialists in environmental and renewable energy law, we put our expertise at your disposal to deal with these situations. Whether it involves soil pollution, destruction of natural habitats or damage to fauna and flora.

Understanding ecological damage through the interpretation of our expert lawyers in environmental damage compensation

Article 1247 of the Civil Code defines ecological damage as follows: "non-negligible harm to the elements and functions of ecosystems or to the collective benefits derived by humans from the environment". This can include major industrial disasters, such as factory explosions, oil spills and forest fires.

Also concerned are less spectacular, but equally damaging, harms such as:

• soil or watercourse pollution;
• illegal dumpsites;
• illegal constructions.

Contrary to the general principle that any damage is reparable, the legislator imposes a particular condition for ecological damage. Its repair is subject to the proof of a sufficient severity threshold, characterized by the term "non-negligible". This notion, left to the judge's discretion, is at the heart of environmental disputes.

Case law provides many examples of harms deemed "non-negligible": illegal dumps, filling of wetlands, cutting of hedges, expansion of ponds, watercourse pollution, etc. Conversely, actions such as killing insects with a vehicle, a leaking tap, or mowing a ditch are generally considered "negligible harms." They do not give rise to compensation for ecological damage.

As expert lawyers in environmental damage compensation, we rigorously analyze each situation to determine whether the severity threshold is reached and to initiate appropriate procedures. Our expertise allows us to accurately assess the environmental impact and best defend our clients' interests in the face of the challenges of environmental law.

Determining the parties entitled to take legal action with the support of our lawyers specialized in ecological damage compensation

Who can bring a legal action for ecological damage? Only persons with a legitimate interest to act. In case of harm to the ecology, it is the environment, biodiversity, and nature that suffer the damage. These elements have no legal personality. The State and environmental protection associations act on their behalf. They therefore have an interest in acting.

This is an objective harm. It differs from the subjective harm suffered by a natural person impacted by the environmental damage. If a natural or legal person suffers harm related to the environment (cutting of a hedge, a tree, dumping of rubble), it is first and foremost personal harm. A civil action is then preferred. This does not prevent public authorities or an association from simultaneously prosecuting the perpetrator of the harm criminally.

Our lawyers specialized in ecological damage compensation clarify these distinctions. We determine the parties entitled to act according to each situation. Our expertise allows us to distinguish objective harm from subjective harm. We advise our clients on possible civil and criminal actions.

Establishing proof of ecological damage with the expertise of our attorneys in environmental damage compensation

To prove ecological damage, it is necessary to provide evidence of harm resulting from an offense, or of harm, a causative event, and a causal link between the two. Environmental harm is often temporary. It is essential to freeze the situation as soon as the damage appears. All forms of evidence are admissible: photos, videos, measurements, testimonies.

On site, it is particularly essential to appoint an expert, who can take photos, film, carry out samples and measurements. These elements will then be recorded in a environmental damage report.

For example, in the event of watercourse pollution, the report establishes the number of dead fish, their species, the affected area, and the polluting substances. For the illegal backfilling of a wetland, it specifies the area, the type of wetland, and the materials used.
For this reason, it is imperative to involve an expert whose specialty is to be determined according to the nature of the damage.

The report can be preventive. It helps protect against potential legal action, for example:

• when purchasing land with waste;
• during construction near a neighboring plot with rubble;
• after obtaining a planning permission with a compensation obligation.

Our lawyers specialized in environmental damage compensation advise you on the best evidence strategies. In addition, our offices in Paris, Bordeaux, Cannes, Rouen, Bourges or Toulouse assist you in building your case.

Obtaining justice in the event of environmental damage with the intervention of our expert lawyers in compensation for ecological damage

According to Article 1246 of the Civil Code, any person responsible for ecological damage must repair it. The judge orders this reparation. Article 1249, paragraph 1 of the Civil Code favors reparation in kind, which aims to eliminate, reduce or compensate for the damage caused to the environment. The judge therefore prefers restoration to the payment of damages.

It is only in the event of impossibility of this repair that it can order the responsible party to pay damages on the polluter-pays principle. Contrary to the general principle of free disposal of damages, the compensation awarded for ecological damage must necessarily be allocated to the repair of the environment.

This sum is paid as a priority to the claimant, or to the State if the claimant is unable to take the necessary remedial measures. This provision aims to prevent misappropriation of funds and guarantee the effectiveness of the remedy. Article 1252 of the Civil Code gives the judge an active role in preventing ecological damage.

The court may, at the request of authorized persons (art. 1248 C. Civ.), order reasonable measures to prevent or stop damage. To ensure that the sums allocated for environmental remediation are actually used for this purpose, it is possible to use the trust technique. This legal mechanism allows the management of funds to be entrusted to a trusted third party (the trustee) whose mission is to allocate them exclusively to ecological remediation.

Since the 2016 law, convictions of the State for ecological damage have become increasingly frequent. Recently, an important judgment was rendered by the Paris Administrative Court on June 29, 2023 (No. 2200534/4-1). This decision recognizes the existence of ecological damage caused by the "generalized, diffuse, chronic, and lasting contamination" of water and soil by pesticides.

The court recognized the State's wrongful failures in meeting its objectives regarding environmental protection, holding it responsible for this damage. Restoring the affected environment requires knowing the prior state and monitoring the repair.

Our firm can also advise and support you in monitoring the restoration phase. For example, the Besançon Court of Appeal ordered a person to replant a hedge and restore land to grassland. It required a plan and photos attesting to the repair.

Our lawyers expert in repairing ecological damage intervene at every stage. Our expertise and support guarantee effective reparation in accordance with the court decision

Mastering the limitation periods for legal action with advice from our lawyers specialized in compensation for ecological damage

According to Article 2226-1 of the Civil Code, the liability action seeking compensation for ecological damage is prescribed by ten years. This statute of limitations runs from the day the victim knew, or should have known, of the manifestation of the damage.
In administrative law, the law of December 31, 1968 applies. The time limit for bringing an action against the State, a municipality, or an EPCI is 4 years. This period runs from January 1 of the year following the year in which the claim arose.

As expert lawyers in compensation for ecological damage, we provide you with precise information on the deadlines applicable to your situation. We analyze the nature of the damage and the legal context. With our expertise, we guarantee legal action within the statutory deadlines. We also advise you on the steps to take.