Law on environmental liability and Environmental Due Diligence
Liability risks arising from a violation of environmental law requirements or from damage caused to environmental resources are closely related to environmental due diligence.
In addition to civil law liability primarily based on the Umwelthaftungsgesetz (German Environmental Liability Act), the Umweltschadensgesetz (German Environmental Damage Act) also applies: It creates liability under public law for anyone causing damage to the environment; this is done by way of extended application of the principles of water law, nature conservation law and soil protection law. Liability arises regardless of fault on the part of the person responsible for the damage and also applies where the environmental damage is caused by the operation of an authorized plant, e.g. by water pollution in connection with the discharge of waste water based on an appropriate permit.
We advise on all liability issues, in particular in the assertion of and defence against claims made under private or public law.
In transactions, we take charge of the environmental due diligence of a company. This pertains in particular to the law on permits for industrial facilities which constitutes the basis for a lawful continuation of production facilities and intended extensions of the existing location. Likewise important: soil protection law, which provides for rectification obligations in case of pollution and harmful alterations of the soil. We have extensive experience in the investigation and assessment of environmental law risks, enabling us to provide both a rough risk assessment and a thorough examination of environmental compliance.
