Part V of the ltalian Consolidated Act on the Environment sets out the rules for the remediation of contaminated sites.
P&S Legal offers full legal support in judicial and administrative proceedings relating to the remediation of contaminated sites.
The following activities are just a few examples:
- Full assistance through environmental criminal proceedings, arising from failure to comply with the provisions of the TUA (e.g. Articles 256 and 257), as well as the provisions of the Italian Criminal Code and the Legislative Decree nr. 231/2001 on corporate liability;
- Legal assistance in judicial proceedings involving the seizure and subsequent confiscation of the contaminated area;
- Assistance in civil proceedings to obtain the reclamation of polluted sites or to obtain compensation from those responsible for pollution;
- Judicial assistance to the owners of the contaminated site, who are not responsible for the pollution (on the basis of the indications provided by the Executive Note of the Ministry of the Environment of 23 January 2018, protocol. 1495);
- Assistance with administrative proceedings before the Administrative Court (T.A.R.) or the State Council (Consiglio di Stato);
- Assistance in public procedures for the entrusting of remediation activities;
- Incident response and crisis management: timely assessment with the customer of the communications to be made pursuant to art. 240 of Legislative Decree 152/2006;
- Joint assistance with specialized technicians in the phases of site-specific analysis for the measurement of any exceeding of the contamination or risk thresholds (CSC, CSR);
- Choice of preventative, restorative or safety measures to be adopted;
- Legal support in the preparation of characterization and remediation plans of contaminated environmental matrixes;
- Assistance during the inspections and searches of ARPA, NOE, the Forestry Corps and the competent law enforcement agencies;
- Cases of contamination of agricultural areas;
- Assistance in small contamination cases;
- Assistance in extraordinary M&A operations with a special focus on the preparation of legal environmental audits, the preparation and drafting of sale/purchase contracts, and the inclusion of appropriate environmental claims (for example, the introduction of indemnity clauses known as “defend and indemnity” in common law);
- Participation in conferences of services;
- Public administrations procedures to ascertain responsibility for contamination;
- Assistance in simplified clean-up procedures for small areas;
- Fuel network remediation;
- Assistance in the granting of funding for remediation operations;
- Reclamations and reindustrialisations (art. 252 bis).
- Preliminary and final drafting of pro veritate opinions on the regulation of reclamations under criminal, administrative and civil law profiles;
- Investment assessment: preliminary and final drafting of pro veritate opinions on the advisability of acquiring ownership of land, warehouses, disused areas and production activities in general, affected by past contamination or affecting potentially contaminated/polluted sites.
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