Public Law: Planning & Environment

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Our reputation precedes us

... in litigation and in regulation - we play a significant role in all major public law developments, and in energy and environment matters.

We are the go-to firm for both leading corporates and state-owned entities when it comes to general public law matters, including freedom-of-information requests, large subsidies, public enforcement (under both criminal and administrative law) and privatisations. There is a vast array of infrastructure projects and complex public law matters that we regularly advise on. The Dutch government frequently consults us as the leading experts, to help improve and adapt, or consider the implications of, new or existing legislation. In addition, partner Jasper van Uden acts as a public law adviser to the Dutch House of Representatives.

Our team has proven its ability to spearhead complex energy infrastructure projects, environmental litigation and other public law matters. We combine outstanding legal expertise with practical hands-on work and the ability to liaise with technical experts to build strong cases that withstand judicial review by third parties.

It is this multidisciplinary nature and ability to create an integrated team tailored to match the client's requirements – at the highest level – which makes our team unique.

De Brauw raises the bar by thinking creatively and outside the box. The team brings ideas that really challenge us to look at the issues from various angles, which makes it fun to work together.

Chambers 2026

Insights

20 July 2026

Power and Place: A Guide to Data Centre Developments

Data centres have become foundational infrastructure for the global economy. The sector is attracting investment at a scale and pace without modern precedent. Accelerating digitalisation, the computational demands of AI, and the strategic priority that governments now attach to sovereign compute capacity have together transformed data centres into pillars of national industrial strategy. Yet the regulatory and infrastructure frameworks that govern their development have not kept pace with that demand. A defining feature of the sector is a collision between the political and economic imperative to build at speed on the one hand, and the physical and regulatory constraints on the other. Congested electricity grids, lengthening grid connection queues, inflexible planning regimes, tightening environmental obligations, and an increasingly assertive foreign investment-screening apparatus are factors that ultimately determine whether, where, when, and on what terms a project can in fact proceed.
29 January 2026

Expanded regulatory screening of Energy/Infra M&A

With the new Energy Act (Energiewet) entering into force on 1 January 2026, the Electricity Act 1998 (Elektriciteitswet 1998) and the Gas Act (Gaswet) are now integrated into a single legal framework. The Energy Act modernises Dutch energy law to reflect the energy transition, evolving market dynamics and updated EU regulations. A key question is how it will affect transactions in the energy sector, especially given the new approval requirements and notification obligations that may be triggered. We outline below the key implications, particularly the new notification obligations for changes of control or for permit transfers.
13 February 2025

Nitrogen crisis: permit required in more cases, but Netherlands stays open for business

The Netherlands urgently needs to do more to prevent the deterioration – whether existing or threatened – of Natura 2000 areas due to nitrogen deposition. This was recently confirmed by the District Court of The Hague in a lawsuit filed by Greenpeace against the Dutch state (in Dutch). Under the Habitats Directive, the Netherlands must: (i) establish conservation measures for these nature areas (Article 6(1)), and (ii) take appropriate steps to prevent natural habitats and the habitats of species from deteriorating (Article 6(2)).