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

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)).
5 February 2025

De Brauw appoints Jasper van Uden as partner

De Brauw Blackstone Westbroek has appointed Jasper van Uden as partner as of 1 March 2025. With his vast public law practice, Jasper brings with him a wealth of experience.
24 October 2024

Sustainability claims: managing regulatory and other risks as intolerance for greenwashing grows

Environmental, social and governance (ESG) initiatives are now critical drivers for companies – there is no getting around it. Companies often make significant ESG efforts. But when they wish to – or have to – communicate about these efforts, a growing web of regulations becomes relevant. This, coupled with increasingly active authorities who are on the look-out for greenwashing practices, means that it can be hard to establish what is, and what is not, allowed or required. Below, we will summarise the state of play and also look ahead.

Team

Mirjam van Dam

Senior Associate

Vivian van Weperen

Senior Associate