Mario Deketelaere is an of counsel in the Environment Practice Group in the Antwerp office. He joined Baker McKenzie in 2002. He is experienced in administrative and public law.
Mario is also a visiting professor at KU Leuven and a lecturer at Karel de Grote Hogeschool (Antwerp).
Mario focuses on the regional, federal and European "environmental law" (Omgevingsrecht/Droit de l'Environnement), i.e. all law matters relating to the planning and protection of the human living environment, including the strengthening relations between environmental law, urban planning law, nature conservation and environmental impact assessment.
In this field he is recognized as one of the most recommended and leading Belgian practitioners (International Who's Who of Environment Lawyers). He has extensive knowledge and experience in the areas of soil clean-up and (hazardous) waste management, environmental liability issues, environmental and building permit procedures, product safety, and environmental taxes.
He advises Belgian and foreign multinational companies from different industrial sectors (chemical, metal industry, raw materials, waste treatment, energy, construction, food, ICT) on authorisation procedures and regulatory compliance, and assists clients with litigation relating to those areas of law (i.e. in civil, criminal and administrative disputes and procedures) before the national courts, the Council of State, the Constitutional Court and the EU Court of Justice.
Representative Legal Matters
Recent examples of work undertaken by Mario Deketelaere include:
- Acted for ArcelorMittal Belgium NV in connection with carbon emission allowances (EU ETS) - litigation before the Belgian Council of State.
- Acted for the Belgian Petroleum Union (BPU) in connection with the challenge of the federal Biofuels law (compulsory mixture of biofuels) before the Belgian Constitutional Court and the EU Court of Justice.
- Acted for BASF Antwerpen NV in connection with the conclusion of an environmental covenant with the Flemish Government on the reduction of N20 emissions from the BASF plants for processing nitrous acid.
- Acted for the Total group in connection with their liability claims against the Belgian State on account of violation of transfer of grounds conforming the economic expansion legislation.
- Acted for Total Belgium NV in connection with the termination and the renewal of a concession agreement of land, the transfer of contaminated land (concession), and acting as counsel for the elaboration of a Principle Agreement on site related cleanup of historical soil contamination caused by Cokeries du Brabant at Grimbergen between Total Belgium NV (concessionary), Waterwegen & Zeekanaal (owner), the Flemish Government, OVAM (Flemish Public Waste Company) and the other operators in situ (concession of Waterwegen & Zeekanaal at Grimbergen).
- Acted for ATAB NV in connection with soil clean-up and transfer of contaminated land, and the relocation of warehouses in connection with the realization of Blue Gate Antwerp, a water-linked eco-effective industrial park developed by the City of Antwerp and the Flemish Region.
- Acted for Asphaltco NV in connection with soil clean-up and transfer of contaminated land.
- Acted for Nyrstar Belgium NV in connection with the construction and operating of an additional landfill for disposal and storage of non-ferrous ash, polluted sludge and soil (advising on environmental permit and liability issues, the agreement with the OVAM and the Flemish Region).
- Acted for Nyrstar Belgium NV in connection with transboundary shipments of hazardous waste.
- Acted for Nyrstar Belgium NV in connection with carbon emissions allowances (EU Emissions Trading System).
Professional Associations and Memberships
- Louvain Association of Environmental Lawyers - Co-founder and member
- Antwerp~Belgium (2002)
- Katholieke Universiteit Leuven (Master of Laws)
- Katholieke Universiteit Leuven (Post graduate Bachelor of Business Administration (BBA))
- Fiscale Hogeschool of Brussels (Post graduate in Fiscal Sciences (Tax law/Taxation))
Mario Deketelaere has published a large number of articles in reviews and books on all kinds of environmental law topics.
Being both a professor and a practitioner, he is also a frequent and valued speaker at environmental law conferences and seminars.