Sarah Becker : “The topics in environmental law are becoming increasingly diverse.”

Sarah Becker has been a lawyer at the Paris Bar since 2013 and is the Co-founder and member of the Executive Committee of the Women’s Foundation. Specialized in environmental law, Sarah provides advisory services on polluted sites and soils, assists project developers in regulatory matters, and handles litigation related to environmental issues. Sarah also has expertise in environmental crisis management.

As an environmental lawyer, what are the topics on which companies seek your advice ?

The topics on which I am consulted in environmental law are becoming increasingly diverse, a sign of the evolving recognition, by companies in all sectors, of these issues. I am asked about “classic” subjects, especially concerning pollution: how to redevelop an industrial brownfield safely? How to manage waste to promote the circular economy? How to allow new constructions or industrial activities while respecting rules related to protected areas or species, or zero net artificialization (ZNA)? Additionally, and for all sectors, I am increasingly consulted on environmental or carbon claims and “greenwashing” issues. For example: am I allowed to claim that my product is green? Carbon neutral? How can I offset my emissions securely? Finally, companies turn to me in case of difficulties: during criminal proceedings related to their activities (mismanagement of waste, failure to comply with a prefectural injunction, pollution of a river, etc.) or in case of disputes over environmental aspects of contracts.

What are the main regulatory challenges that you see emerging for companies ?

There are many! The big issue of the moment for companies seems to be the new reporting obligations (CSRD) (or obligations related to sustainable investments SFDR for financial actors) which will require them to seriously consider environmental factors in their activities. These obligations, aimed at enhancing transparency regarding how companies address environmental issues, must be considered alongside stricter regulation of environmental and carbon claims and sanctions for “greenwashing.” Companies must find the right balance to comply with all these new regulations. Still, on the theme of greater transparency, companies will have to provide more information, in the coming years, on the environmental characteristics of their services or products, for example, environmental labeling for textile products.

What is your view on environmental regulations (French and European)? Are we moving in the right direction, and quickly enough ?

Regulations, both at the French and European levels, are increasingly extensive and still extremely technical. While these new regulations are moving in the “right direction” as they aim for better consideration of environmental issues, they can sometimes be challenging for companies to integrate. I think, for example, of the complex rules on waste and extended producer responsibility (EPR) or those applicable to new projects such as renewable energy, which can sometimes be seen as obstacles.

What advice would you give to companies to prepare for environmental legislation, such as the CSRD ?

It seems fundamental that every company concerned by the CSRD in the coming years, and their number will grow, assesses its situation regarding environmental regulations and, simultaneously, an overview of all communications on these same subjects. There is a need for coherence between communications related to CSR policies, those targeting consumers, or those intended for shareholders. Depending on the assessment, there will likely be action and improvement plans to draft the reports required by the CSRD more confidently.