Expert lawyer in contaminated sites and soils law

Are you considering the transfer or acquisition of a site and looking for a lawyer specializing in polluted sites and soils? For the definitive cessation of a classified ICPE activity or the preparation of your construction project, do you need legal support? Macfarlanes LLP provides you with qualified professionals in environmental law to assist you at every stage of your project.

Since 1994, we have been supporting businesses, individuals, and associations in environmental soil assessment, drafting management plans, analyzing residual risks, etc. We provide our expertise to secure your procedures, protect your interests, and anticipate disputes. You can also rely on us for compliance audits and litigation management.

Lawyer specializing in contaminated sites and soils: sale and acquisition of a site

The real estate transaction or the sale of a polluted or potentially polluted site involves considerable legal and environmental stakes. First of all, the seller is obliged to provide accurate information to the buyer, particularly if the land has hosted a classified installation for the protection of the environment (ICPE).

Furthermore, he must provide written information about any potential dangers or drawbacks related to past operations, as well as any pollution that could affect the future use of the land. In the event of failure to meet these obligations, the buyer can take action against him and seek compensation. This is why the law requires the performance of specific studies that will allow the owner to have a comprehensive idea of the condition of the site being sold.

Indeed, our firm of lawyers specialized in polluted sites and soils provides you with experts for personalized support from the first stages of your project. Whether you are a seller or buyer, you can count on us. Through in-depth historical and documentary studies, we trace the history of activities that may have impacted the land, we ensure compliance with the procedures for cessation of activity and site restoration.

We can also advise you on the need to carry out studies, analyses, or samples of soil, groundwater, and ambient air to ensure a comprehensive understanding of the site's environmental situation. This allows the buyer to negotiate the price in an informed manner and to anticipate the potential costs of remediation or rehabilitation.

Furthermore, we draft sales deeds tailored to your needs. This involves conducting negotiations and drafting documents incorporating specific clauses related to pollution issues to protect our clients from potential future liabilities. This approach ensures that every detail is taken into account, from identifying environmental risks to concluding the sale, for a worry-free transaction.

Lawyer specializing in polluted sites and soils: definitive cessation of activity of a ICPE site

In France, nearly 400,000 sites are listed as polluted or potentially polluted. Their management for environmental protection and public health long lacked a clear legal framework. It took the ALUR law of 2014 and the ASAP law of 2020 to have regulations concerning polluted sites. These laws emphasize the obligations of operators upon cessation of activity, requiring site remediation in application of the "polluter pays" principle.

Indeed, when an operator ceases its activity on a classified ICPE site, it must ensure that the land is compliant with the use defined with the local authorities.

This includes:

• identification of residual risks;
• the remediation of soil and groundwater;
• the general restoration of the site, etc.

These operations, supervised by the inspection of classified installations, require legal support to meet regulatory requirements and avoid potential sanctions or disputes. It is therefore preferable to use a legal professional to assist you.

At Macfarlanes LLP, we have lawyers specialized in contaminated sites and soils, capable of intervening to manage each stage of the cessation of activity. We are able to carry out complete site audits, including the assessment of health and environmental risks and the interpretation of the state of the environments. This analysis makes it possible to design rehabilitation plans adapted, to guarantee compliance with legal requirements and the expectations of local authorities.

We also assist our clients in the regulatory closure of their site, by preparing the necessary documents and negotiating with the competent authorities. This phase requires perfect mastery of the legal texts to anticipate any blockages and obtain the necessary authorizations.

Specialist lawyer for contaminated sites and soils: third-party applicant procedures

The third-party applicant procedure is a solution that allows transferring responsibility for site remediation to a third party, who undertakes to finance and carry out the necessary work. In return, this third party becomes responsible to the authorities. Here, you should note that industrialists are often hesitant to develop their former industrial sites, for fear of being held liable for pollution discovered after the sale.

This liability, which falls on the last operator, extends for thirty years after the cessation of activity and cannot be circumvented by standard agreements. This situation has contributed to the proliferation of industrial wastelands, hindering the redevelopment of these strategic areas. To address this issue, the ALUR law introduced the third-party applicant procedure. This is therefore an effective alternative to unlock development projects while ensuring the environmental compliance and legal soundness of the operations.

Thus, you can contact our lawyers specialized in polluted sites and soils to assist you at every stage of this procedure. We offer a turnkey service by obtaining the agreement of the various stakeholders:

• the industrial operator;
• the landowner;
• the competent authorities.

Thanks to our legal expertise, we ensure that these agreements comply with regulatory requirements and are obtained within the required deadlines. Then, we assist you in preparing and submitting the substitution file to the prefect, which must notably include the rehabilitation report, the financial guarantees and the technical supporting documents of the third-party applicant.

At this stage, our team anticipates potential objections and negotiates with the authorities. Finally, we accompany our clients until the release of financial guarantees, attested by the certificate of conformity issued by the inspection of classified installations.

Specialist lawyer for contaminated sites and soils: litigation management

Are you facing environmental disputes related to contaminated sites and soils? These situations often involve cross-liabilities between the main stakeholders:

• the operators;
• landowners;
• local authorities;
• affected third parties, etc.

These disputes require mastery of environmental regulations, contractual obligations, and judicial procedures for effective resolution. This is why the support of a specialist is essential to protect your interests. In our firm, each case requires an in-depth analysis of the facts, legal obligations, and risks involved.

Furthermore, defense strategies are developed taking into account the specifics of the litigation, whether it involves proving the absence of liability or demonstrating the efforts undertaken for remediation. Whether you are an operator, owner or victim of pollution, our lawyers specializing in polluted sites and soils will intervene to advise you and represent you before all competent jurisdictions.

We prioritize negotiating amicable settlements when possible. This approach often avoids lengthy and costly lawsuits, while achieving satisfactory solutions for all parties. Our negotiation skills and thorough understanding of legal issues allow us to obtain balanced and lasting agreements. Otherwise, our lawyers specializing in business criminal law can initiate legal actions for a definitive resolution.

We can also assist victims in seeking compensation from those responsible, whether industrialists or other actors who contributed to the pollution. Our intervention consists of proving the existence of damage, establishing a causal link with the activities of the polluter, estimating the amounts of losses and representing the victim during negotiations. Thanks to our experience, you can obtain fair and proportionate compensation for the losses suffered.