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. The vast array of infrastructure projects and complex public law matters that we regularly advise on, means that the Dutch government frequently consult us as the leading experts, to help improve and adapt, or consider the implications of, new or existing legislation.

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 the 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.

Recent Matters

6 October 2021

Westermeerwind Wind Farm successful in subsidy proceedings

De Brauw successfully represented Westermeerwind Wind Farm - the largest Dutch near-shore wind farm, located in the Noordoostpolder and generating an amount of energy comparable to what 160,000 households consume - in objection and in appeal proceedings before the Trade and Industry Appeals Tribunal (CBB) against the Minister of Economic Affairs and Climate Policy. The case centred on the government's intention to recover tens of millions of euro in wind farm subsidies based on alleged non-compliance with state aid rules. On 26 April 2021, the CBB ordered a recalculation of the subsidy reduction in favour of the Westermeerwind wind farm.
14 October 2019

Parcom reaches agreement to acquire Outdoor Life Group

20 September 2019

Vopak acquires 49% stake in LNG import facility in Colombia

De Brauw acted as lead counsel to Vopak on its acquisition of a 49% share in Sociedad Portuaria el Cayao (“SPEC”) in Cartagena, Colombia. SPEC is the only LNG import facility in Colombia and has been in operation since 2016. The LNG import facility consists of an LNG jetty, onshore infrastructure and a 9.2 km gas pipeline which connects SPEC to the national gas grid. A chartered FSRU is receiving the LNG and sending the gas on shore. SPEC holds long term contracts with three local gas-fired power plants. The shareholders in SPEC are Promigas (51%) and Royal Vopak (49%). De Brauw engaged Philippi Prietocarrizosa Ferrero DU & Uría for local Colombian law advice. To discuss this matter further, please contact Anja Mutsaers at anja.mutsaers@debrauw.comPhoto: Vopak

A guaranteed combination of high legal quality, due care and focus on solutions... easy to talk to and pleasant to work with, they know the case inside and out... The team really knows what we do and thinks with us on a strategic level - they are really at the top end of the environmental law firms.

Chambers, 2021

Insights

16 August 2023

Dutch Council of State green-lights Porthos project

The highest administrative court in the Netherlands today gave the green light for the first Dutch Carbon Capture and Storage (CCS) project in the Port of Rotterdam, jointly carried out by Gasunie, EBN and the Port of Rotterdam. The Porthos project is one of the government's key energy transition projects and vital in achieving Dutch climate objectives. The project has been recognised as a Project of Common Interest by the European Commission.
3 November 2022

Landmark ruling: construction exemption annulled. How to exit the nitrogen crisis?

All large-scale construction projects that take place in relation to infrastructure, housing and energy transition with limited nitrogen depositions are affected by this landmark judgment. Earlier judgments had already demonstrated that for such projects, an ecological assessment is decisive. This is all the more relevant after the annulment of the special exemption for emissions caused by temporary construction activities (partiële bouwvrijstelling). Construction projects could get back on track if, based on an ecological assessment, significant negative effects on Natura 2000 areas can be excluded.
20 April 2022

Netherlands introduces new access to public information regime

The Open Government Act (Woo) will enter into force on 1 May 2022, replacing the current law (Wob). The aim of the new law is to create a more transparent government that actively discloses information. The changes contained in the new law, especially in terms of active disclosure, are a significant departure from the current regime, where information has been mostly disclosed on request. That is not the only change though: there will be new exceptions to disclosure, a shorter decision-making period, and a central platform where all information is made public. In addition, the new law will apply to a wider range of public authorities. Under the new act, private companies will be asked more often to respond to intended disclosures. The new regime will not only apply to new documents, but also for documentation which is already in the possession of administrative bodies.

Team

Mirjam van Dam

Senior Associate

Vivian van Weperen

Senior Associate