Environmental Criminal Law and Ecocide Lawyer

Are you facing an accusation related to an environmental offense? Whether it involves soil pollution, destruction of protected species, trafficking of endangered species, or other attacks on biodiversity, the legal consequences can be significant. Our attorneys specialized in environmental criminal law and ecocide are by your side to support you at every stage of the judicial process.

Environmental offenses are numerous and the consequences for businesses and individuals can be severe: financial penalties, prison sentences. Whether it is to prevent damage to biodiversity, comply with legislation, or defend your interests in the event of litigation, our firm Macfarlanes LLP provides effective support.

What are the foundations of environmental criminal law?

Environmental criminal law is based on solid foundations set out in the Environmental Code, notably through Article L.110-1. The latter states that: "terrestrial and marine natural spaces, resources and environments, the sounds and odors that characterize them, sites, day and night landscapes, air quality, water quality, living beings and biodiversity are part of the nation's common heritage."

This article establishes the legal framework that guides actions in matters of environmental protection. This provision sets out several guiding principles, which form the backbone of the regulations and the intervention of public authorities. Among the fundamental principles of environmental law, there are:

• the precautionary principle;
• the principle of preventive and corrective action;
• the polluter-pays principle.

The precautionary principle requires taking effective and proportionate measures to prevent a risk of serious and irreversible damage to the environment, at an economically acceptable cost. It aims to anticipate potential negative consequences before they occur.

As for the principle of preventive and corrective action, it recommends avoiding harm to biodiversity and the services it provides. When avoidance is not possible, it provides for reducing the extent of the harm, and then, as a last resort, compensating for it. To do this, the species, natural habitats and ecological functions affected must be taken into account.

According to the polluter-pays principle, the costs related to prevention, reduction and pollution control measures must be borne by those who cause them. This holds economic actors accountable and aims to encourage more environmentally respectful behaviors.

These fundamental principles justify the action of public authorities and the involvement of criminal courts to prevent, sanction, and correct environmental offenses. Under these rules, offenses such as: pollution, destruction of natural habitats, or inadequate waste management are closely monitored and may lead to criminal prosecution.

This highlights the importance of vigilance and compliance with standards to avoid the serious consequences that may result. Our lawyers specialized in environmental criminal law and ecocide stand by your side to ensure the application of these principles and assist you in all your environmental protection-related procedures.

Lawyer in criminal environmental law and ecocide in case of accusation of an offense

Environmental crime ranks 4th in the global classification of international illicit activities after drug trafficking, counterfeiting, and human trafficking. Thus, various offenses are provided for by the Environmental Code, accompanied by dissuasive sanctions that reflect the importance of these issues.

Offenses related to pollution

Under Article L.216-6 of the Environmental Code, any discharge of polluting substances into surface waters, groundwater, or seawater is prohibited, whether from industrial, agricultural, or domestic sources. The penalties for water pollution include a fine of up to €75,000 and a prison sentence of 2 years.

Article L.220-2 of the Environmental Code deals with polluting emissions affecting the atmosphere. Offenders face a maximum fine of €50,000, reflecting the seriousness of their acts of air pollution. Article L.556-3 of the Environmental Code penalizes soil pollution, i.e., contamination that threatens soils, harming natural balances and their future use.

Attacks on biodiversity

Attacks on biodiversity are also punished by the Environmental Code. Article L.411-1 prohibits the destruction of protected species and their habitats. The penalties, provided for in Article L.415-3, include fines of up to €150,000 and 3 years' imprisonment. Also sanctioned by the Environmental Code, illegal hunting and fishing are activities that disrupt ecological balances.

Offenses related to waste and hazardous substances

Also concerned are offenses related to waste and hazardous substances. Illegal waste management is penalized by Articles L.541-46 and following of the Environmental Code. This includes non-compliant transport, storage, or disposal of waste. Penalties can be up to €150,000 fine and 3 years imprisonment. Similarly, the careless handling of hazardous substances exposes those responsible to criminal prosecution.

Attacks on physical environments and the offense of ecocide

Finally, general attacks on physical environments and the crime of ecocide are punished. Articles L.231-1 and L.231-2 of the Environmental Code aim to prevent degradation of natural environments caused by non-compliant human activities. As for the crime of ecocide, it punishes actions causing long-term and irreversible damage to ecosystems. It was introduced into French law by Law No. 2021-1104 of August 22, 2021, known as the "Climate and Resilience" law.

Great vigilance to protect the environment

In summary, offenses in environmental criminal law cover a wide range of harm to ecosystems and natural resources. The penalties, commensurate with the stakes, aim to deter wrongful behavior and restore environmental balance. Our lawyers specialized in environmental criminal law and ecocide put their expertise at your service to defend your interests and ensure compliance with current legislation.

Lawyer in environmental criminal law in case of accusation of ecocide offense

An offense is considered ecocide when it is provided for in Article L. 231-1 (which concerns serious harm to the environment) and is committed intentionally. The perpetrator must have acted voluntarily. It cannot be a case of simple recklessness or negligence. In other words, if the perpetrator deliberately caused the environmental damage, it constitutes ecocide.

Also qualified as ecocides are the offenses mentioned in article L. 231-2 (which concerns other types of environmental damage), provided they are intentional and cause serious and lasting damage to:

• human health;
• flora;
• fauna;
• air quality;
• soil quality;
• water quality.

Damage is considered lasting if it is likely to persist for at least seven years, whether for health or the environment. The penalties provided for ecocide are severe: up to ten years' imprisonment and a fine of up to 4.5 million euros. This fine may even be multiplied by ten if it is less than the profits derived from the offense (up to 45 million euros).

In addition to these classic penalties, Article L.231-4 of the Environmental Code provides for an important measure for the offense of ecocide: the restoration of the natural environment. Specifically, the criminal court has the possibility to order the restoration of the sites that have suffered damage. To ensure the effective execution of this restoration, the court may attach a financial penalty to this obligation.

This is a sum of money (maximum 3,000 euros) that the convicted person must pay for each day of delay as long as the restoration work has not been carried out. The deadline for initiating prosecution for ecocide only begins to run from the moment the damage is discovered, not from the moment the act was committed. Contact our lawyers specialized in environmental criminal law and ecocide to protect your criminal liability regarding ecocide.

Advice from our lawyers specializing in criminal environmental law and ecocide to avoid being prosecuted for ecocide

Avoiding prosecution for ecocide relies on rigorous prevention and strict compliance with environmental obligations. This notably involves carrying out environmental impact studies prior to any project as well as implementing effective monitoring and control systems to prevent ecological damage.

Companies, local authorities, and various public actors must be made aware of environmental risks and the legal consequences of their actions. Adequate training allows for a better understanding of the issues and acting responsibly. Implementing good environmental practices is essential to prevent offenses.

These practices include:

• the use of clean technologies to reduce polluting emissions and limit the environmental impact of activities.
• the integration of circular economy solutions to optimize resources and minimize waste in production processes.
• the use of recognized environmental certifications to comply with the strictest ecological standards.

Calling on independent experts is a strategy to identify environmental risks and ensure compliance of activities with current regulations. Regular audits also make it possible to anticipate potential problems and implement corrective measures before violations occur.

You are summoned for charges related to ecocide and need a solid defense? Contact our firm Macfarlanes LLP to benefit from the expertise of our lawyers specialized in criminal environmental law and ecocide. Our team supports you at every stage of the investigation, preliminary inquiry, or trial to ensure optimal management of your case.