For entrepreneurs dealing with permits, environmental regulations, or enforcement who wish to legally secure their business operations.
Environmental law determines what your company may do with soil, water, air, noise, waste, and energy — since 2024 largely regulated in the Environment and Planning Act and the Decree on Activities in the Living Environment. Our lawyers and in-house counsel assist both international corporations and the local entrepreneur: from permit applications to defending against a penalty payment order.
Environmental law attorneys and in-house counsel in one team.Practical specialist legal assistance for entrepreneurs.
Active for SMEs and corporates — from large corporations to the baker on the corner.Practical specialist legal assistance for entrepreneurs.
Core themes: Environment and Planning Act, permits, enforcement, and penalty payments.Practical specialist legal assistance for entrepreneurs.
Specialist environmental law advice from €155 per hour excl. VAT.Clarity regarding the process, approach, and next steps.
We worked for, among others:
We worked for, among others:
What is environmental law?
Environmental law determines what your company may and may not do with regard to the physical environment: soil, water, air, noise, odor, waste, and energy. Since January 1, 2024, most environmental regulations have been consolidated in the Environment and Planning Act (Omgevingswet) and the Activities in the Living Environment Decree (Bal); the Environmental Management Act (Wet milieubeheer) still applies to, among other things, waste materials, greenhouse gas emissions, and environmental liability (Title 17.1 of the Environmental Management Act). Anyone who violates the rules faces enforcement by the municipality, province, or environmental agency.
Our lawyers and in-house counsel assist both international corporations and the baker around the corner — from an environmental permit application to defending against a penalty payment order. Practical and legally sharp, with full adherence to the relevant legal articles.
The Environment and Planning Act and the Bal: what applies to your company?
Since January 1, 2024, the Environment and Planning Act (Omgevingswet) has replaced, among others, the Spatial Planning Act, the Environmental Law (General Provisions) Act, and large parts of the Environmental Management Act (Wet milieubeheer). For environmentally harmful activities, the general rules from the Activities in the Living Environment Decree (Bal) apply. In addition, the specific duty of care under Article 2.11 of the Bal applies to every environmentally harmful activity: even without a concrete rule, you must prevent or limit adverse effects on the living environment. We translate these abstract standards into what they mean concretely for your business operations.
Environmental permit and notification for environmentally harmful activities
For many activities, you require an environmental permit for an environmentally harmful activity (Article 5.1 of the Environment and Planning Act), or a notification under the Environmental Permit Decree (Bal) may suffice. Whether a permit or notification is required depends on the type of activity, its scale, and the location. We assess which track applies to you, handle the application or notification, and, where necessary, defend the case if the permit is refused or granted subject to strict conditions.
Enforcement: order subject to a penalty payment and administrative coercion
If the competent authority establishes a violation, it may impose remedial sanctions pursuant to the General Administrative Law Act: an order subject to administrative coercion (Article 5:21 Awb) or an order subject to a penalty payment (Article 5:32 Awb). A penalty payment may only be imposed on the authority within its power to terminate the violation. Objection and appeal are possible against such a decision. We mount a defense, request suspension via a preliminary injunction, and, where possible, negotiate a compliance period or a lower penalty payment before it becomes due.
Soil, energy saving obligation and environmental liability
Soil contamination directly affects your business and real estate: during a transaction, excavation work, or a remediation obligation. In addition, many enterprises are subject to an energy saving obligation: measures with a payback period of five years or less must be implemented and reported periodically via the energy saving information obligation. If damage occurs to the living environment, environmental liability may arise (Title 17.1 of the Environmental Management Act and unlawful acts, Article 6:162 of the Dutch Civil Code). We map out your obligations and risks before the supervisory authority does.
Environmental law for SMEs and corporations
The top end of the market often focuses on large industrial and agricultural cases. We do not: our mixed team of lawyers and in-house counsel assists both international corporations and the entrepreneur around the corner — the garage, the hospitality business, the production workshop. Accessible and practical, yet legally sharp, without unnecessary jargon and with a clear path to your goal.
Permits, spatial planning or supervision?
If your question concerns permits, zoning plans, and the Environment Plan more broadly, please visit our Environmental Law. If it specifically involves an inspection, sanction, or administrative fine, our Supervision and Enforcement. If environmental issues play a role in the purchase or sale of a business—think of soil and environmental guarantees—our Business Purchase Agreement a practical starting point.
What we help with
From applying for a permit to defending against a sanction — our lawyers and legal experts support you in every area of environmental law.
Applying for an environmental permit for an environmentally harmful activity (Article 5.1 Environment and Planning Act)
Notification and advice pursuant to the Living Environment Activities Decree (Bal)
Defense against an order subject to a penalty payment (Article 5:32 of the General Administrative Law Act) or administrative coercion (Article 5:21 of the General Administrative Law Act)
Objection, appeal, and preliminary relief before the administrative court
Advice on the specific duty of care (Article 2.11 Bal)
Soil contamination, remediation obligation, and environmental guarantees in transactions
Energy saving obligation and energy saving information obligation
Environmental liability and damage to the living environment (Title 17.1 Environmental Management Act, Article 6:162 of the Dutch Civil Code)
When do you engage this team?
Often, there have been issues brewing for some time before they become legal. The sooner you involve us, the more options you retain. If you recognize any of these situations, seeking advice is advisable.
You want to start or expand an environmentally harmful activity
In environmental law, your starting position determines the outcome. Before we lodge an objection or initiate proceedings, we map out the permit, the conditions, the enforcement decision, and the facts. In this way, we choose the route—a statement of views, negotiation regarding the compliance period, an objection, or a preliminary injunction—that best serves your interests, rather than the first step that comes to mind.
Our approach
From question to solution in four steps.
1
Intake
We discuss your activity, the location, and your purpose, and review permits, regulations, and any applicable decisions.
2
Analysis
We assess your position against the Environment and Planning Act, the Environmental Management Act, and the General Administrative Law Act, and map out opportunities and risks.
3
Strategy
We choose the route — advice, notification, permit, statement of views, objection, or proceedings — and the involvement of a lawyer or legal expert.
4
Execution
We handle everything from drafting the application to litigating before the administrative court.
Mr. Jaime BoogaersCorporate Law · Lawyer
In a legal dispute, it is not just about being right. It is also about evidence, timing, negotiating position, and the business consequences of every step.
Specialists in Environmental Law
Our specialists combine legal analysis with experience in cases for entrepreneurs, directors, and organizations.
All our legal experts and lawyers possess broad knowledge of environmental law. In addition, they have specialized in one or more areas of focus within environmental law. We have organized several areas of focus into various practice groups. Each lawyer is part of one or more practice groups based on his or her specialism(s). Clients can go directly to the appropriate practice group for each case. Here, they are assisted by the lawyer or legal expert most suitable for the case. Where necessary, we draw upon the expertise and experience of our specialist colleagues from other practice groups.
Frequently asked questions about environmental law
The questions entrepreneurs ask us most often.
Do I need an environmental permit or just a notification?
That depends on the type of environmentally harmful activity, the scale, and the location. Many activities fall under the general rules of the Activities in the Living Environment Decree (Bal) and can be carried out with a notification; for others, an environmental permit for an environmentally harmful activity is required (Article 5.1 of the Environment and Planning Act). We will assess which track applies to you.
I have received an order subject to a penalty payment. What now?
An order subject to a penalty payment (Article 5:32 of the General Administrative Law Act) obliges you to remedy the violation within a specified period; otherwise, you will forfeit a sum of money. You can lodge an objection and, in urgent cases, request a preliminary injunction to suspend the penalty payment. Do not wait: the time limits are short, and the penalty payment continues to accrue as soon as the compliance period expires.
What is the duty of care under the Bal?
Article 2.11 of the Environmental Activities Decree contains a specific duty of care: even if there is no concrete rule, you must prevent adverse effects on the living environment or limit them as much as possible. Supervisors regularly use this open standard as a basis for enforcement, including at smaller companies.
Does the energy saving obligation also apply to my company?
For many businesses, it does. Energy-saving measures with a payback period of five years or less must be implemented and reported periodically via the energy saving information obligation. Whether and in what form this applies to you depends on your energy consumption and type of activity. We map out your obligations.
Do I need a lawyer or a legal expert?
That depends on your situation. For advice, a permit application, a notification, and negotiations with the Environmental Agency, an in-house counsel is often sufficient. For proceedings before the administrative court, assistance by a lawyer is customary and, in some cases, mandatory. We have both in-house and determine together with you what suits best.
Is environmental law also relevant for small business owners?
Yes. Garages, hospitality businesses, and production workshops are also subject to the environmental regulations of the Bal and the duty of care. Especially for smaller businesses, early advice prevents unexpected inspections, sanctions, or penalties. We assist both large corporations and the local entrepreneur.
Discuss your situation with an environmental law specialist.Our environmental lawyers and legal experts help both large corporations and small business owners—from large corporations to the baker on the corner. Schedule a meeting and know where you stand within a single conversation.
