Environmental law

Lawyer for environmental law in Berlin​

Environmental law is the most important regulatory tool of modern industrial societies. This area of law is becoming increasingly important, but with that it is becoming ever more confusing and complex.

Whether it’s immission control law, nature and rural conservation, water management or any other area of environmental law, we offer comprehensive advice and representation. The focus of my expertise is in German and EU nature conservation law.

Rechtsanwalt für Umweltrecht in Berlin

Nature conservation law: encroachments on nature and rural areas

For building developments and other projects, encroaching on nature and the local landscape is usually unavoidable. Where this happens, the nature conservation authority can enforce compensatory or reinstatement measures (S. 15(2) BNatSchG (German Act on Conservation of Nature and Preservation of Rural Areas)) or demand financial compensation (S. 15(6) BNatSchG). It is a good idea for developers to engage legal assistance at this early stage.

Area conservation: SACs and nature conservation areas

Justifying encroachments into nature conservation areas (S. 23 BNatSchG), biosphere reserves (S. 25 BNatSchG) and rural conservation areas (S. 26 BNatSchG) is particularly difficult. SACs (Special Areas of Conservation) are subject to special additional protections pursuant to S. 31 BNatSchG, in particular the assessment of the implications for the site. The assessment of the implications for the site is intended to protect and maintain the EU Natura 2000 network of protected areas. The assessment checks whether plans and projects could have a significant negative impact on the conservation goals of an SAC or an EU Special Protection Area (SPA) either individually or in conjunction with other plans or projects (see Article 6(3) Habitats Directive or S. 34 BNatSchG).

Generally and Specially Protected Species

On many projects, additional requirements relating to generally and specially protected species must be observed. Strictly protected species (including certain reptiles like the sand lizard, certain species of birds and mammals, such as bat species or wolves), in particular, are subject to an almost total ban on disturbance and killing pursuant to S. 44 BNatschG. The exemptions provided for by S. 45(7) BNatSchG are extremely restrictive. Breaches can result in a temporary halt to the project or costly regulatory fines.

Immission control law

Another focus is plant immission control. If you have equipment and facilities which require a permit, we can support you from the initial permit process pursuant to S. 6 et seqq. BimSchG (German Immission Control Act). We can advise operators of equipment and facilities which do not require a permit and represent these operators in the event of so-called administrative orders brought against them in a specific case, S. 22, S. 24 BImSchG. In recent years, we have frequently managed permit processes for wind turbines. In the past, we have worked for citizens’ initiatives and site owners in particular. Here, too, the issue of area conservation or specially protected species comes up frequently.

Our references

Representing developers (tree felling, restrictions under nature conservation law), farmers, nature conservation associations and NGOs, and businesses (permits under water law and immission control law), mobility transition law

YOUR PARTNER FOR environmental law IN BERLIN

RA Antonio Leonhardt

Competent and experienced – your legal advisor for administrative and migration law. Benefit from our years of experience with administrations and administrative courts.

Antonio Leonhardt Rechtsanwalt für Verwaltungsrecht Migrationsrecht in Berlin Portrait

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