HSE obligations are often technically complex and frequently tightened. Companies are expected to continuously comply with all applicable regulations and to prevent incidents. In particular, companies designated as so-called ‘Seveso establishments’ (Seveso-inrichting), due to the quantity and type of hazardous substances used within these establishments, have to meet stringent standards to protect people and the environment, with non-compliance leading to severe penalties.
Our team assists companies in identifying and ensuring compliance with specific health, safety and environmental regulations. The team provides guidance in and assistance through permitting procedures and offers specialist support when companies are confronted with supervision, enforcement and/or criminal prosecution. This includes addressing implications for directors and de facto directors (feitelijk leidinggevers). A key focus lies in preventing negative publicity and reputational damage for the company.
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Our team
Our Public Law & Regulatory team comprises of approximately 25 lawyers who are renowned for their sector knowledge and customer-focused service. The team has extensive experience in advising and assisting companies on complex environmental legislation, both with and without regard to enforcement.
Our Corporate Crime team consists of 20 lawyers, recognised for their pragmatic and hands-on approach. The team is highly experienced in managing all stages of the criminal process; from assisting with dawn raids or examinations of a company or witnesses during preliminary investigations to representing clients in criminal trials. Furthermore, the team has substantial experience in complex settlement negotiations with authorities, both domestically and abroad.
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Multidisciplinary approach
Compliance is supervised and enforced by various authorities, including environmental agencies (omgevingsdiensten), such as DCMR Milieudienst Rijnmond, the Netherlands Food and Consumer Product Safety Authority, the Human Environment and Transport Inspectorate, the Labour Inspectorate, the Social Affairs and Employment Inspectorate, the State Supervision of Mines, the Authority for Nuclear Safety and Radiation Protection, the Dutch Safety Board, the environmental police, and the Public Prosecution Service. Non-compliances may lead to parallel administrative and criminal procedures involving different authorities. Therefore, a collaborative approach by our multidisciplinary team is often practical and necessary.
With expert lawyers in administrative law and criminal law based in offices in Amsterdam, Rotterdam, Brussels and Luxembourg, our team can be on site swiftly. Our extensive knowledge and experience with a wide range of companies (including Seveso establishments) and procedures enables us to determine a comprehensive strategy. Even in case of an incident or unusual occurrence at your company, our team is ready to assist you.
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Compliance with regulations and preparation for inspections
Our specialists can advise your company on regulatory compliance, identify non-compliance risks (with the involvement of technical experts where necessary), advise on policy changes, provide trainings, guide your company in improvement projects, and assist with permit application and amendment procedures. In addition, we can prepare your company for (unexpected) inspections. Should your company become the subject of an investigation, NautaDutilh will assist you from start to finish.
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In-house investigation
In cases of potential non-compliance, it may be important to conduct an in-house investigation, such as a root cause analysis. NautaDutilh frequently undertakes such investigations, in collaboration with (technical) experts when necessary.
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Recent work
- Assisting and representing Shell in a criminal case following an explosion at a factory in Moerdijk.
- Representing the NS in a criminal case regarding the maintenance of trains, during which a hazardous substance (Chromium-6) was released.
- Assisting and representing NAM (Nederlandse Aardolie Maatschappij) in a prominent environmental criminal case.
- Representation in an environmental criminal procedure regarding the alleged violation of, among other things, the Animal Act and (European) regulations in the field of animal feed hygiene and biodiesel production.
- Assistance to (chemical) companies after incidents, including alleged violations of the Environmental Management Act and implementing regulations, the Working Conditions Act, the Economic Offences Act, and provisions from the Criminal Code (such as the release of dangerous substances into the environment).
- Assistance to (transport) companies in discussions about compliance with the Carriage of Dangerous Goods by Road (ADR), by Inland Waterways (ADN), by Rail (RID) Acts, and the transport of packaged goods by sea (IMDG).
- Advice to various waste collecting, processing, and transport companies on waste legislation and regulations, including the European Waste Catalogue (Eural) and Transboundary Shipment of Waste (EVOA).
- Assistance with (announced) administrative fines or criminal prosecution after industrial accidents due to possible violations of the Working Conditions Act and regulations.
- Settlements or punitive orders following incidents, including alleged violations of timely reporting 'unusual occurrences' and violations of soil or water regulations.
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What others say
- “NautaDutilh’s environment and planning team consists of a group of enthusiastic, hardworking and very knowledgeable lawyers. The majority of the team is female, including the partners and counsel, which makes the team stand out on a diversity point of view compared to other big law firms.”
Legal 500, 2024 - “The environment & planning team at NautaDutilh has the highest standards when it comes to legal and sector knowledge. They really go the extra mile to serve the practical needs of the client, while maintaining a cordial and warm working environment.”
Legal 500, 2024 - “Expertise and skills are prevalent, and the team is service-oriented.”
Legal 500, 2024 - “NautaDutilh has very comprehensive knowledge and experience in Belgian constitutional and administrative law and is able to deliver support in a short period of time.”
Chambers Europe 2023 - “NautaDutilh’s Corporate Crime team stands out for their expertise. They handle high profile cases, and as one of the few bigger law firms, they also represent their clients in court.”
Legal 500, 2024 - “The NautaDutilh Corporate Crime team is highly experienced and has the respect and trust of the Dutch public Prosecutors.”
Legal 500, 2024 - “NautaDutilh’s Corporate Crime team distinguishes itself by demonstrating highly professional legal expertise, and also having an acute awareness of changing norms in society and how these might influence the development of law.”
Legal 500, 2024
- “NautaDutilh’s environment and planning team consists of a group of enthusiastic, hardworking and very knowledgeable lawyers. The majority of the team is female, including the partners and counsel, which makes the team stand out on a diversity point of view compared to other big law firms.”
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Publications & blogs
- Order with conditional penalty payments for the Dutch Prime Minister: three takeaways, 5 augustus 2024
- Developments in environmental crime legislation, 19 april 2024
- Feitelijk leidinggeven in het milieustrafrecht, Tijdschrift voor Bijzonder Strafrecht & Handhaving 2020/1