Joëlle Herschtel is a partner based in the Paris office. She has developed an environmental and toxic tort practice that encompasses both litigation and counseling in environmental, toxic tort and energy law. She handles a wide range of litigation cases before French administrative, civil and criminal courts in the fields of environment, product liability and toxic tort. Ms. Herschtel is also assisting her clients in the implementation of European and French environmental and product safety regulations. Her expertise encompasses legal assistance in the management of private and public infrastructure projects as well as remediation and requalification of industrial sites. She also regularly participates in M&A operations and environmental audits.
Ms Herschtel’s key areas of activity are:
- Handling litigation cases before administrative (permit defenses, appeals, etc.), civil (clean-up costs recovery, toxic tort and nuisance cases, product liability, etc.), and criminal (water pollution, infringement of environmental regulations, waste, etc.) courts.
- Assisting her clients in the implementation of domestic and European environmental regulations ranking from the regulations applicable to classified facilities, waste or mines and quarries to very specific regulations concerning, for example, the emissions trading scheme (greenhouse gas) or chemicals (REACH, CLP, RoHS, biocides, nanomaterial).
- Advising her clients in industrial activity closing down, clean-up of contaminated sites and brownfields redevelopment, including the management of potential health risks on local residents and of environmental threats to water, air and the biodiversity.
- Assisting companies in industrial or infrastructure projects, from their conception (audit of applications for permits, obtaining permits and contractual elaboration) to their realization (compliance audits, industrial risk management and regulations implementation). In connection with these projects, she assists her clients in their relationship with the French authorities, local communities as well as with consulting firms.
- Participating in M&A and real estate operations (environmental warranties and audits…).
Awards & Recognitions
- Best Lawyer of the Year for 2016 in Environmental law in France | Best Lawyers
- Environmental law in France, Band 1, Chambers Europe 2016
- Environmental law in France, Band 1, Legal 500 EMEA
- 19 Jan 2016, Biodiversity: tomorrow’s challenge, Décideurs: Stratégie Finance Droit
- 14 May 2015, Investment in real-estate: the interest to acquire assets is back on the table, Immoweek Tertiaire
- 29 Oct. 2010, REACH: The Consequences of the Failure to Register, Bulletin de l’Environnement Industriel
- Spring 2009, REACH Regulations – Pre-Registration Accomplished, One Small Step Forward, American Chambers in France
- Nov. 2008, The Legal Status of Waste from Health-Care Activities involving infectious risks, Biologie Libérale Européenne
- 16 Jun 2016, From circular economy to biodiversity recovery: an overview of new regulations in environmental law
- 19 Mar 2015, Investment in real-estate: share deal or asset deal? The debate is revived…
Seminars and Speaking Engagements
Edition Formation Entreprise (EFE), France:
- Oct. 2010, Closing down and/or sale: What are the Obligations for the Operators and Owners of Polluted Industrial Sites, Preventing Risks from Polluted Industrial Sites and Soils
- Oct. 2009, Closing-down, Redevelopment or Changing the use of an Industrial Site: Procedure to follow and Contractual Strategy, Preventing Risks from Polluted Industrial Sites and Soils
- May 2008, Stakes and Risks for the Downstream Users, REACH For the Downstream Users
- Mar 2008, Closing down an Industrial Site Safely: What is the procedure?, Preventing Risks from Polluted Industrial Sites and Soils
- Mar 2008, Closing down, Redevelopment or Changing the use of an Industrial Site: Procedure to follow and Contractual Strategy, Preventing Risks from Polluted Industrial Sites and Soils
- Dec. 2007, Stakes and Risks for the Downstream Users, REACH For the Downstream Users
- Jan. 2007, Closing down an Industrial Site Safely: What is the procedure?, Preventing Risks from Polluted Industrial Sites and Soils
Seminars on “Soil, Sediments and Water- Intersol”:
- Mar 2015, Mining Law Reform: The Legal and Practical Implications - From the recent developments in mining law to the draft reform of the mining code announced in 2012
- Mar 2014, The Impacts of the Industrial Emissions (IED) Directive: (R)evolution of the legal framework applicable to contaminated sites?
- Mar 2013, Managing of Ambient Air Quality in Houses Adjacent to an Industrial Site
- Mar 2012, Sediments: Between Soil and Water
- Mar 2011, Managing the Inert Waste: A variable-geometry Concept
- Mar 2010, Liability generated by Polluted Industrial Sites and Soils - Innovations set forth in the Grenelle Law and the European Regulations
Seminars on “Indoor Air Quality and Atmospheric Emissions - Atmos’fair”:
- June 2015, Airborne Nanoparticles: Towards a Proper Regulation
- Sept 2014, Practical Implications of Air Quality inside Office Buildings
- Sept 2013, The Emergency Plan Regarding Air Quality and Control of Particle Emissions in Ambient Air
- Sept 2012, Management of the Risks that Properties in the vicinity of an Industrial Site may be exposed to – A Legal Approach
Unions and Professional Organizations Seminars:
- Feb 2012, The End of Waste Status – A Step towards a recycling society? – Recycling and Environment – Assets for the Profession, Union Nationale des Producteurs de Granulats
- Sept 2010, The Environmental Risk – Anticipating and Preventing, 5th Key Accounts Forum: Companies and the Environment, Chartis
- Oct 2009, Metallic Contamination of the Soils – A Legal Approach – Fédération des Minerais, Minéraux Industriels et Métaux non Ferreux (FEDEM)
- Sept 2008, The New Regulation on Environmental Liability – Fédération des Minerais, Minéraux Industriels et Métaux non Ferreux (FEDEM)
- Sept 2007, Restoration of Quarries and Future Soil Use – From Gypsum to Plaster, a Question at the Heart of Sustainable Construction, Les Industries du Plâtre
Public Bodies and Associations Seminars:
- June 2015, Environment: What are the Implications for the Companies? – SMLH
- Mar 2014, Redevelopment of the Urban Zone “Centre Sainte-Geneviève in Nanterre (92) – The Legal Stakes”Redevelopment of Polluted Urban Brownfields – ADEME Technical Sessions
- June 2013, Social Acceptability, A new Reality – Inform and communicate to avoid disputes – National Session for the Management of Dredging Sediments. Création et Developpement d’Eco-Entreprises (CD2E)
Speeches at training sessions before the Chamber of Commerce and Industry of Paris:
- Since 2014, Training sessions on the Prevention of Industrial Water Pollution – The various types of liability whether administrative, environmental, civil or criminal which are applicable to the Classified Facilities
- 2011 – 2014, Training Sessions on the Prevention of Industrial Water Pollution – Criminal Liability
- Since 2005, Training sessions on Polluted Sites and Soil: Ceasing of the Industrial Activity – Regulation and Liability
- Oct 2014, REACH EU Environmental Regulations that Apply to Non-EU Companies
- Apr 2009, REACH Regulations: Future Steps, Current Challenges and International Perspectives