Environment
“Commentators highlight the team’s grasp of the key business implications at stake in a case or transaction, ensuring that clients are aware of all the risks involved.” Chambers & Partners
Experience
Anaerobic Digestion Projects in Lincolnshire and Nottinghamshire
We are continuing to advise Adgen Energy in relation to their development of Anaerobic Digestion projects. Current projects include a 1.3Mw plant in Lincolnshire which is to be fuelled mainly by agricultural by-products and a 1.5MW plant in Nottinghamshire which is to be fuelled by a combination of chicken manure and other agricultural waste. We are advising in relation to grant funding and regulatory issues and the complex matrix of contract documents which will need to be in place at financial close, including the feedstock agreement, the construction and installation documentation, the funding documentation, lease arrangements and power purchase agreements.
Environment objection to a new Crematorium
We were instructed on this through our membership of the Environmental Law Foundation. The residents of Garford Parish in South Oxfordshire wanted to object to a proposal to develop a new Crematorium near the village and we advised them against Oxfordshire County Council on the need for the planning application process to be subject to an Environmental Impact Assessment before planning permission could be granted.
Disposal of contaminated brownfield development site for residential development
We advised established client The Sunlight Service Group on the sale of a large residential development site which was contaminated from historic industrial activity and negotiated contract terms to protect them from contaminated land liabilities during and after the completion of the residential development project.
Advice on the Carbon Reduction Commitment
We advised on the requirements of the Carbon Reduction Commitment Energy Efficiency Scheme in relation to due diligence replies to enquiries on corporate matters involving CRC participants and CRC disclosure and the scope of the CRC exemption relevant to Climate Change Agreements and group structures.
Landfill Tax advice
We advised on the legal aspects of a case to secure lower rate landfill tax for this chemical business. This involved meetings and advice to MPs, senior civil servants and Ministers. We achieved a successful outcome with the significant quantities of chemical process wastes being treated as lower tax rate materials, saving the business many millions of pounds of tax for the foreseeable future.
Advice on renewable energy business
We have continued to advise this growing renewable energy business (wind and solar energy projects) on real estate acquisitions, grid connection issues and lease negotiations with landlords.
Waste management project
As a result of taking a firm stance in negotiations, we helped one of the waste management sector partners in a joint venture achieve beneficial terms in a contract with a contractor for the construction of a clinical waste incinerator and an energy-from-waste facility.
New waste and environmental tax legislation
Working closely with clients in the chemical and minerals industry and their political consultants, we helped to persuade the government of the need to amend legislation relating to the Landfill Tax. This resulted in our clients saving over £1m of tax each year and avoided a situation which could have forced the closure of their business and a loss of hundreds of jobs.
Challenging the Environment Agency
An international chemicals company sought our advice on a legal challenge against the Environment Agency’s imposition of onerous permit conditions under the Pollution Prevention and Control regime and we used our experience of environmental policy to guide our client through negotiations with the EA to a successful outcome.
Development
In order to provide a solution to a client’s complex land reclamation problem concerning a 60 acre waste site, we negotiated an Option Agreement. This included provisions for the surrender of a waste management licence, using the land remediation tax allowance scheme to fund the clean-up and provide protection against contaminated land liabilities through environmental indemnities and environmental liability insurance.
Minimising landfill financial provision
As a result of close consultation with the Environment Agency together with an in-depth understanding of waste management regulations, we helped a client reduce a potential financial provision liability of £4.5m to £75,000 in connection with the transfer of a waste management licence resulting from the sale and purchase of the assets of their business.
Groundwater remediation
Working with a multi-national motor industry client on a strategic approach to minimising the cost of a long-term groundwater remediation scheme. Here we obtained a release from environmental indemnity liabilities relating to the purchase of land and helped ensure that any residual liabilities were covered by an environmental liability insurance policy.