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For energy, infrastructure and industrial projects in Germany, environmental law frequently determines whether and when a project can be built. German environmental law is largely based on EU directives and regulations, but procedures, authorities and deadlines are national and in part regional. We advise investors, project developers and operators on the permitting, operation and acquisition of installations.
Permitting of installations
Installations that may cause harmful environmental effects through air pollution, noise, vibration, light or radiation require a permit under the Federal Immission Control Act (Bundes-Immissionsschutzgesetz – BImSchG). This applies, for example, to industrial plants, larger biogas plants and wind turbines with a total height of more than 50 metres. The permit generally covers other approvals relating to the installation. Operators must comply with emission limits, monitor emissions and report the results to the authorities.
For industrial installations, the Industrial Emissions Directive (Directive 2010/75/EU, amended by Directive (EU) 2024/1785) requires an integrated permit based on the best available techniques (BAT).
Environmental impact assessment
Larger projects require an environmental impact assessment (Umweltverträglichkeitsprüfung – UVP) under the Environmental Impact Assessment Act (Gesetz über die Umweltverträglichkeitsprüfung – UVPG), which implements Directive 2011/92/EU as amended by Directive 2014/52/EU. The assessment covers effects on people, nature, water, soil and air and usually includes public participation.
Nature conservation and species protection
The Federal Nature Conservation Act (Bundesnaturschutzgesetz – BNatSchG) governs interventions in nature and the landscape, protected areas and species protection. If a project may significantly affect a site protected under the Habitats Directive, an appropriate assessment (FFH-Verträglichkeitsprüfung) is required. Species protection, for example of birds and bats in wind projects, is examined separately. At EU level, the Nature Restoration Regulation (Regulation (EU) 2024/1991) obliges Member States to adopt national restoration plans.
Water, waste and soil
- Abstracting water or discharging waste water requires a permit under the Federal Water Act (Wasserhaushaltsgesetz – WHG).
- The Circular Economy Act (Kreislaufwirtschaftsgesetz – KrWG) sets out obligations for waste producers and holders, including separation, recovery and record-keeping. The EU Packaging and Packaging Waste Regulation (Regulation (EU) 2025/40) has applied directly since 12 August 2026.
- Under the Federal Soil Protection Act (Bundes-Bodenschutzgesetz – BBodSchG), not only the polluter but also the owner of a site can be required to remediate contaminated land. This is relevant in due diligence for site and company acquisitions.
Liability
The Environmental Liability Act (Umwelthaftungsgesetz – UmweltHG) provides for strict liability of the operators of certain installations for personal injury and property damage caused by environmental effects. The Environmental Damage Act (Umweltschadensgesetz – USchadG), which implements Directive 2004/35/EC, obliges those responsible to prevent and remediate damage to protected species and habitats, water and soil. Serious breaches may also constitute criminal offences (Sections 324 to 330d of the German Criminal Code – StGB).
Third-party rights
Any person may request access to environmental information held by authorities under the Environmental Information Act (Umweltinformationsgesetz – UIG) and the Aarhus Convention. Recognised environmental associations can challenge certain approval decisions under the Environmental Appeals Act (Umwelt-Rechtsbehelfsgesetz – UmwRG). For investors, this means that the litigation risk of a permit should be assessed before financing or acquisition decisions are taken.
How we support you
- Legal support in permitting and environmental impact assessment procedures
- Review of liability risks and compliance programmes, including in transactions
- Drafting of environment-related contracts such as waste disposal and remediation agreements
- Representation in administrative and court proceedings and defence in environmental criminal proceedings
Questions about environmental law in Germany? Our lawyers advise clients nationwide and internationally. Request a consultation