Environment
The Lawyer
UK DECC begins consultation on the implementation of its biomass cap weblink
Consultation begins on biomass cap.
Shale gas exploration: European Commission postpones stakeholders' event to 7 June 2013 download
On 23 March 2013 the European Commission closed the consultation on unconventional fossil fuels (e.g. shale gas) in Europe.
Infrastructure, energy and water chief among the government's priorities weblink
The government’s priorities for the coming year include infrastructure, energy and water.
Walker Morris announces partner and director promotions in key growth areas
Walker Morris announces two partner promotions as well as eight director promotions.
E:gen — May 2013 issue weblink
The May 2013 issue of Winckworth Sherwood’s E-gen publication is available now.
Environment
Allen & Overy’s global environmental law group includes more than 60 specialist, commercially focused environmental law experts across the world.
Data Protection Policies — update from Global Data Hub weblink
Taylor Wessing has added a fresh batch of data-protection-focused content to its Global Data Hub site.
Carbon Matters — spring 2013 download
DLA Piper has released the spring 2013 edition of Carbon Matters, the climate change supplement to SHE Matters.
Santiago Garrido joins Hogan Lovells as environmental law partner
Hogan Lovells has expanded its global environment practice with the hire of environmental law partner Santiago Garrido.
Growth and Infrastructure Act 2013: an early update from Walker Morris weblink
The finalised text of the Growth and Infrastructure Act 2013 as passed is now publicly available to view.
Walker Morris advises Peel Environmental on its planning application to build an AD facility
Walker Morris has advised Peel Environmental on its planning application to build a £23.5m anaerobic digestion facility at a site in North Selby, York.
Walker Morris's environment team achieves High Court success for FCC
Walker Morris has successfully acted for FCC in the defence against two challenges to the planning permission for its Greatmoor energy-from-waste facility.
US EPA comments on the April 2013 Keystone NEPA review download
The US EPA has unveiled a new approach to evaluating climate change impacts under NEPA — monetising social costs of CO2.
Lefèvre Pelletier creates environment team with Winston & Strawn hires
French firm Lefèvre Pelletier & Associés has hired a team of lawyers from Winston & Strawn’s Paris office to kickstart a dedicated environment and sustainable development team.
Sigh of relief for developers — Growth and Infrastructure Act 2013 is now in force weblink
The Growth and Infrastructure Bill has finally been agreed and received Royal Assent as the Growth and Infrastructure Act 2013.
Enterprise and Regulatory Reform Act: changes to heritage planning download
Significant changes to the law concerning listed buildings and conservation areas are set to be made under the Enterprise and Regulatory Reform Act, which received Royal Assent on 25 April.
Walker Morris on Rylands v Fletcher: nuisance and the danger with delay weblink
Willis v Derwentshire was a claim for damages in nuisance, negligence and under the rule in Rylands v Fletcher.
Planning and environment
Planning and environmental laws are constantly being updated to respond to new challenges. We can help you keep track of these legal changes, whichever angle you are coming from.
SHE Matter (safety, health and the environment) — spring 2013 download
DLA Piper has released the spring 2013 edition of SHE Matters.
Towns and village greens: new amendments signal good news for developers weblink
Recent amendments to the TVG registration application process promise more reassurance for developers.
CRC Energy Efficiency Scheme Phase 2 weblink
The qualification year for Phase 2 of the CRC Energy Efficiency Scheme ended on 31 March 2013.
Hogan Lovells sponsors 2013 SEED Gender Equality Awards
Hogan Lovells has announced its sponsorship of the 2013 SEED Gender Equality Awards.
Satellite utilisation: a new government policy download
The federal government released Australia’s Satellite Utilisation Policy on 9 April 2013.
MARPOL Annex V: new amendments relating to disposal of cargo residues download
This article is intended to address some of the concerns relating to the amendments to MARPOL Annex V.
Project Finance Newswire — April 2013 download
Chadbourne & Parke has released its Project Finance Newswire for April 2013. Topics covered include renewable energy projects in Saudi Arabia, the cost of capital for energy projects, China’s new energy goals and more.
Steptoe picks up FFW trio for Brussels environment group
Steptoe & Johnson has hired three professionals from FFW for its international environment and life sciences team in Brussels, including partner Ruxandra Cana.
Two solicitors join Winckworth Sherwood
Winckworth Sherwood has appointed solicitors James Lynas and Hazel Anderson to the partnership.
How should the EU deal with plastic waste? weblink
On 7 March 2013, the European Commission published a green paper on a European strategy on plastic waste in the environment.
Judgment could affect operators in waste management, utilities and manufacturing download
In March 2012, the Court of Appeal gave judgment in the case of Barr and others v Biffa Waste Services Ltd [2012].
Walker Morris's renewables team set to exhibit at Sustainability Live 2013
Walker Morris’s renewables, energy and resources group is set to present at Sustainability Live 2013.
MARPOL Annex V: new amendments relating to disposal of cargo residues download
The MEPC’s amendments to MARPOL Annex V entered into force on 1 January 2013, causing a certain amount of concern within the shipping and international trade community.
Landfill Allowance Trading Scheme comes to an end weblink
As first announced in the 2011 Waste Policy Review, the Landfill Allowance Trading Scheme came to an end on 31 March 2013.
National Policy Planning Framework: a year on — the winners and losers by sector download
This article revisits the substantive policies of the NPPF and considers its impact on the retail, office and residential sectors.
Refrigerant gas R22 — the chilling effects of a European ban download
The European Union is now committed to reducing harmful emissions across the continent, with the focus of recent regulation set on plant and machinery installed within buildings.
Environment alert: changes to Forest Service administrative appeal process finalised download
The Forest Service is to implement a pre-decisional objection process in lieu of the current administrative appeal process.
EPA releases new separation distances guidelines download
The EPA has released new separation distance guidelines entitled ‘Recommended separation distances for industrial residual air emissions’ (EPA publication number 1518).
Lawyer rating publication recognises Ince & Co's Super Lawyers and Rising Stars
Thomson Reuters’ Super Lawyers publication recognises Ince & Co.
Energy and environment partners from Hogan Lovells comment on UK shale gas
Hogan Lovells partners comment on the future of shale gas in the UK, with a focus on regulation.
Mourant Ozannes helps tidy up historic Watler's Cemetary site on Grand Cayman
Mourant Ozannes volunteers have helped to clear the vegetation from a historic cemetary site on Grand Cayman.
King & Wood Mallesons releases March 2013 edition of The Landscape download
King & Wood Mallesons has released the March 2013 edition of The Landscape.
Planning reform in dribs and drabs download
Environmental planning regulation clause increases scrutiny on the issue of occupation certificates.
Chambers Global 2013 — DLA Piper full ranking summary download
DLA Piper has released a summary of all of the firm’s rankings and editorial commentary in Chambers Global 2013.
A 'century' of anaerobic digestion in the UK weblink
The number of anaerobic digestion plants in the UK outside of the water industry has passed the 100 mark.
Serbia — submit requests for IPPC permits on time download
Industrial production processes have a dominant share in the creation of pollution in Europe. Over the past several years, Serbia has adopted a set of regulations for integrated pollution prevention and to control installations that have a high pollution potential.
High volume, low prices mark California’s first carbon allowance auction download
California’s first carbon allowance auction on 14 November 2012 featured plenty of demand but a lower-than-expected closing price, based on results released on Monday by the California Air Resources Board.
Walker Morris's renewables group set to exhibit at Sustainability Live 2013
Walker Morris’s renewables, energy and resources group is set to exhibit at Sustainability Live 2013.
Taylor Wessing advises on the $57m sale of Pims Group to Xylem
Taylor Wessing has advised Inflexion Private Equity Partners on the sale of Pims Group to US buyer Xylem for a headline price of $57m (£38m).
Judgment could have serious implications for waste management operators download
In March 2012, the Court of Appeal gave judgment in the case of Barr and others v Biffa Waste Services [2012].
Simplification of the UK government's CRC Energy Efficiency Scheme download
Over recent months, announcements have been made in relation to the UK CRC Energy Efficiency Scheme, culminating in the publication of the draft CRC Energy Efficiency Scheme Order 2013 on 4 March 2013.
Environmental, health and safety
NCTM has developed a broad experience in Italian worker safety and environmental regulation.
The future of renewables and infrastructure financing — from political decision to implementation download
At the 15th Conference of the Parties (COP) of the UNFCCC in Copenhagen in 2009, attending governments, in the presence of heads of state and government negotiated the so-called Copenhagen Accord, which aimed at setting a new framework for international cooperation related to climate change.
Energy in the Balkans: recent news highlights download
An overview of developments in energy law in Bosnia & Herzegovina, Croatia, Macedonia, Montenegro and Serbia.
Client Earth brings in Dinah Rose QC for air pollution appeal
Blackstone Chambers’ Dinah Rose QC has been instructed to lead the Supreme Court appeal today brought by Client Earth against the Government.
Walker Morris 'In Brief — March 2013' weblink
Walker Morris has released its In Brief publication for March 2013.
Environment, natural resources and climate change
Bowman Gilfillan is one of South Africa’s leading environmental law firms.
Precedent for Anglo Platinum threat? download
In September 2011, South African mineral resources minister Susan Shabangu cancelled the mining rights of Johannesburg- and London-listed Central Rand Gold (CRG).
Draft Environmental Permitting Regulations 2013 seek to alter sequencing of planning weblink
Defra is consulting on changes to environmental permitting regime.
Real estate, zoning and environment, and public procurement
The MOLITOR team provides legal assistance to real-estate investors, construction companies, developers and operators of commercial property.
Environmental
The Curtis Environmental group provides clients with practical, cost-effective solutions to the environmental issues that have become an increasingly fundamental part of business operations.
Environmental
Chadbourne & Parke assists major corporations, lending institutions and national trade associations with permitting and compliance, corporate and real-estate transactions, the development of legislation and regulations and litigation covering all aspects of environmental law.
Environmental
Mayer Brown’s environmental practice offers solutions for clients facing litigation and enforcement actions, compliance concerns or transactional matters.
Real estate, construction and environment
Our clients rely on our full-service capability and deep sector insight across property, infrastructure and climate change.
Offshore wind energy — contractual risks and liabilities download
The UK offshore wind energy sector has come a long way since the first offshore wind farm was completed in 2000 at Blyth Harbour in the northeast of England, with just two turbines totalling 4MW.
The smart contracting bulletin: energy and offshore industry — November 2012 download
The Smart Contracting bulletin is aimed at professionals in the energy and offshore industry worldwide.
Exemptions for EU substance restrictions in electrical and electronic equipment download
Electrical and electronic equipment (EEE) often contains hazardous substances, such as lead, cadmium or mercury.
Environment
We have a dedicated group of client-focused specialists in environment law.
Biodiversity: Do you know who's living in your garden? download
There are so many things to consider when embarking upon a development project, or even an extension or alteration of your home or garden space, you might be forgiven for not immediately considering the impact that your plans might have on the flora and fauna dependent on your land.
Changes to energy performance regulations download
The changes brought by the revised Energy Performance of Buildings (England and Wales) Regulations 2012.
Planning and environment
Excellent client service, superb technical ability and invaluable practical experience: these are key qualities that define the Planning & Environment Team at Walker Morris.
Update – Smoking in public places download
New 2012 Regulations require at least one legible no-smoking sign to be displayed in a smoke free premises or vehicle.
Crouching Tiger: How China will impact Europe’s renewable energy landscape download
This briefing is a wide ranging report based on research and interviews with leading figures in the energy industry and considers the state of the market one year on.
The judgment by the European Court of Justice in the glyphosate case: A storm in a glass? download
An overview of recent decisions in the European Court of Justice concerning anti-dumping penalties and the legal defrinition of state interference in an enterprise.
Environmental, Social and Governance Reporting Guide to be implemented after 31 December 2012 download
An overview of the terms of Hong Kong stock exhange’s new Environmental, Social and Governance Reporting Guide and its ramifications for investors.
Global energy industry review download
A review of issues facing the energy industry, focusing on the shift from coal to gas generation, and the state of play in Iraq, Angola, Brazil and Nigeria.
President Obama orders divestiture of Chinese investment in US wind farms; investor mounts unprecedented legal challenge download
On September 12, 2012, a foreign acquirer took the unprecedented step of challenging in federal court the application of CFIUS’s authority.
Update: George Osborne's autumn statement download
Contrary to expectation within the business community, the Chancellor has announced in his Autumn Statement that the CRC has been granted a reprieve.
The Energy Bill 2012: ROCS vs CfD FiTS? download
On Thursday 29 November, the Coalition Government introduced its long-awaited Energy Bill into Parliament.
Mandatory carbon reporting for UK quoted businesses download
Yesterday, Nick Clegg announced that the Government will enact legislation mandating that all companies listed on the London Stock Exchange must measure and report their greenhouse gas emissions from April 2013.
Saudi Arabia: The Future Solar Leader download
Saudi Arabia is poised to launch an ambitious renewable energy program.
Carbon Reduction Commitment and co-investment structures download
The Carbon Reduction Commitment Energy Efficiency Scheme (CRC) is now well under way but confusion still reigns over the application of many areas of the scheme.
Hot 100: James Thornton, ClientEarth video
As ClientEarth takes the Government to the Supreme Court over air pollution, we talk to CEO James Thornton.
New developments in the UK shale gas sector download
The shale gas sector in the UK is still in its infancy, but the UK government has announced recently new measures and incentives to encourage its growth.
Assessing the impact of the recent changes to the Waste (England and Wales) Regulations 2011 downloadweblink
On 1 October 2012 important changes to the Waste (England and Wales) Regulations 2011 came into force, affecting the duties of waste collection authorities and waste disposal authorities.
UK office of unconventional gas and oil — new fracking controls download
A new office within the Department of Energy and Climate Change has been formed to oversee the exploitation of shale gas by fracking and other types of unconventional oil and gas exploitation in the UK.
Renewable energy project challenges — snapshot of the litigation landscape download
After more than a year-and-a-half of tracking and almost 10 years of data, we present some observations on the litigation landscape relating to renewable energy development.
Coming clean
The UK is beefing up efforts to monitor carbon emissions, but companies will have to work hard to comply
Failure to extend the renewable energy production tax credit download
The recent growth and success of the US wind power industry is attributable in large part to a federal renewable energy production tax credit that provides significant tax incentives for investment in and development of wind energy projects.
Fifth Conto Energia: new feed-in tariffs for photovoltaic energy plants in Italy download
On 10 July 2012, the new decree on the incentive system for the production of electricity by photovoltaic plants was published in the Official Gazette.
Renewable and alternative energy companies competing for the US Army’s $7bn contract download
Renewable and alternative energy (RAE) companies will throw their hats into a rich, but potentially risky, ring for an opportunity to contract with the US Army beginning at the end of September 2012.
Japan’s version of the Feed-in-Tariff download
The government has finally disclosed details of Japan’s version of the Feed-in-Tariff (‘FIT) to be enforced this July.
BLP picks up BLG environment head
Berwin Leighton Paisner’s (BLP) planning and environment team is set to receive a boost as the firm scoops a Barlow Lyde & Gilbert (BLG) department head.
Clean fight
Environmental laws governing the production of biofuels must be based on accurate science and open debate, argues Susie Wilks
Smarter living
Businesses must smarten up to deal with the changing environment, say John Houghton, Sarah Holmes and Duncan Tilney
Simmons hires Travers partner for green push
Simmons & Simmons has hired Travers Smith environment and planning partner Steven McNab to lead its London environment practice.
Travers Smith splashes a million on green venture
Travers Smith has founded a not-for-profit organisation that will enable the firm’s lawyers to work pro bono to help reduce carbon emissions.
Opinion: EU red tape tripping up urgent environmental action
Did you know that as a citizen of the EU it is almost impossible for you to challenge decisions made by community institutions in the European Court of Justice (ECJ)? This right is available to individuals and environmental organisations challenging decisions in the UK and much of the EU, but not the European Community.
Addleshaws comes up smelling of roses with waste management scoop
Europe’s largest waste PFI has seen Addleshaws strike up relationships with new clients.
Students to host environmental law conference
A group of law students from the University of London and University of Kent have clubbed together to organise an environmental law conference.
The Law Behind Rubbish
From cars to kitchen waste, rubbish comes in all shapes and sizes. Paul Rice looks at the legal issues affecting waste disposal and how recent developments are designed with a greener future in mind
Opinion
As the Hunting Act approaches, the pro-hunting brigade is fighting a losing battle in the courts
Herbert Smith racks up £5m in fees on DTI’s nuclear clean-up
Herbert Smith has reaped around £5m in legal fees for its first 12 months of advising the Department of Trade and Industry (DTI) on the £48bn nuclear clean-up programme.
Kendalls attacks Land Securities building plans
Kendall Freeman is fighting for its right to light as former client Land Securities proposes to build an 18-storey building in Fetter Lane. The firm has filed an application for an injunction to prevent Land Securities from going ahead with the planned 691,000sq ft office building, which is due to be built directly opposite Kendall Freeman’s nine-storey Fetter Lane building. Planning permission was obtained for the project earlier this year. The site is currently occupied by older offices. ...
Opinion
The big casino players will be clamouring to invest once the Gambling Bill has been ironed out
MBR&M conflict gifts Nabarros Sloane deal
Nabarro Nathanson advised Sloane Blackfriars Limited on its £170m acquisition of Unilever House after Mayer Brown Rowe & Maw (MBR&M) was forced to pass on the instruction because of a conflict of interest.
Berrymans grows health and safety capability
Berrymans Lace Mawer has hired a partner in Manchester to head health and safety. Chris Green joins from Hammonds, where he was a senior solicitor. He defends and prosecutes health and safety and environmental law breaches. He has advised construction companies on fatal accident prosecutions and has prosecuted regulatory offences for Birmingham City Council. Berrymans partner Vivienne Williams ...
Opinion
Employment lawyer wishes to meet mediator with view to harmonious relationship. Every employment lawyer knows there is more workplace litigation about than ever before. The latest annual report of the Employment Tribunals Service (ETS) acknowledges a 17 per cent increase in tribunal applications for 2003-04. The reasons are many and include the Government’s penchant for introducing new ...
Careers: in brief
Kenneth Ross, a partner at Bishops Solicitors, has been named as an Honorary Professor in the School of Law at the University of Glasgow. Ross becomes Scotland’s first practising environmental lawyer to achieve the accolade. He will deliver a series of lectures during the academic year as well as hosting several business seminars. In addition to his regular duties at the 13-partner Scottish firm, Ross is also Convenor of the Scottish Committee of the United Kingdom Environmental Law Association.
France is EU’s environmental black sheep
The European Commission has concluded that France is Europe’s laggard for implementing EU environmental law.
Land craft
Jean Bursle and Matthew Edwards report on how the Australian property market and the recognition of native title have found some middle ground
Burges Salmon hires A&O man to head up environment team
Burges Salmon is ramping up its environmental law practice after hiring Allen & Overy (A&O) partner Ross Fairley.
Lifetime Achievement Award for Lord Lester of Herne Hill QC
Eloquently, passionately and with no little wit, the man can most certainly talk. Fortunately, on this occasion, he restricted himself to one gag, and to the delight of some in the audience, it was at Campbell’s expense. Opening his copy of the Civil Service (No 2) Bill at Section 6(3) Lord Lester turned his steely gaze on the evening’s host to quote “from one former special adviser to another: ‘Special advisers shall not exercise executive powers over civil servants’.”
Steptoe takes on Oppenheimer’s Brussels group
US firm Steptoe & Johnson has become the first firm to benefit from the dismantling of Oppenheimer Wolff & Donnelly’s European network. Steptoe has acquired the Brussels practice of Oppenheimer, which consists of three partners, one counsel and three associates. The Oppenheimer group is led by Jean Russotto, who is joined by two partners, Phillip Woolfson, an insurance and financial services lawyer who concentrates on European Community and French law, and James Searles, an international ...
Steptoe & Johnson acquires Oppenheimer’s Brussels base
US firm Steptoe & Johnson has become the first firm to benefit from the dismantling of Oppenheimer Wolff & Donnelly’s European network.
Scottish power
Scotland is in an enviable position to take advantage of renewable energies such as wave and wind power. Nick Atkins gives the lowdown
Ofgem rejig leaves general counsel without a position
Ofgem, the energy regulator, has made its general counsel redundant and restructured its 20-strong legal team as part of its ongoing mission to cut costs.
Business groups attack 1789 US Alien Tort Statute
A COALITION of major business groups has filed an amicus brief at the United States Supreme Court calling on it to “clarify” the US’s 1789 Alien Tort Statute, which they claim is being abused by special interest groups.
Hammonds hire boosts environmental practice
Hammonds has shored up its environmental practice with the hire of Julie Lunt, the former Environment Agency head of legal. Lunt joins the safety, health and environment team in London after seven years with the Environment Agency. She was recently involved in implementing the Pollution Prevention Control Regulations in the power and cement industries. The hire comes amid a period of growth in the team, which focuses on the chemicals, utilities, construction and engineering sectors. ...
Showing your hand
Legal professional privilege is being eroded as laws encouraging disclosure come to the fore. David Lipworth provides the lowdown
ELF rallies lawyers to help save Thames from the developers
The luxury apartment boom along the Thames is good for wealthy househunters but potentially bad for the environment. It is a phenomenon that the Environmental Law Foundation (ELF) is trying to mitigate.
Clarks hires SITA legal chief
Thames Valley firm Clarks has hired the legal director of waste management company SITA to boost its environmental and waste management team.
Griffiths wins South Downs inquiry work
Robert Griffiths QC of 4-5 Gray's Inn Square has beaten off several rivals to become counsel to the inquiry investigating a proposal to make the South Downs one of only two national parks to be established in the past 50 years. Although his title is counsel to the inquiry, Griffiths is officially acting for the Countryside Agency, which he also acted for in the recently completed New Forest National Park Inquiry. First revealed on www.thelawyer.com/lawyernews 17 June
Chief executive quits Bevan Ashford
Bevan Ashford’s non-lawyer chief executive Ann Conway-Hughes has resigned after just 18 months in the role.
Holman Fenwick votes in management
Holman Fenwick & Willan has elected partners for its restructured management group. This follows the election of Greg Gray to the firm’s new position of managing partner. Hugh Livingstone now heads the shipping group, Noel Campbell the commercial practice group, former member of the House of Lords Robin Byron leads the trade and energy group, and Paul Wordley insurance, professional negligence and environmental litigation.
Ex-Stephensons partner joins Carbon Trust
Former Stephenson Harwood partner Tony Stockwell has resurfaced in an in-house role at Carbon Trust, the Government-backed and business-led company that is helping business and the public sector to cut carbon emissions. Stockwell retired from Stephenson Harwood in January this year, after spending 25 years as a partner there. He joins Carbon Trust as legal adviser and company secretary.
Gide Loyrette Nouel launches in Morocco with Naciri tie-up
French firm Gide Loyrette Nouel is opening an office in Morocco in July and also plans to open in Algeria.
UN creates watchdog to police environment regulations
A groundbreaking legal watchdog has been created, charged with ensuring governments abide by a new international convention on environmental decision-making and information dissemination.
Past master
Nigel Hewitson found his vocation in life by blending law with historical preservation when he became English Heritage's legal director. Husnara Begum reports
The laws of nature
A minimal budget and archaic UK laws have made protecting nature more than a full-time job for WWF-UK's Niall Watson. Husnara Begum reports
Altered image
Kathryn Hobbs meets Robin Allen QC, who says he is determined to revamp the image of the Bar
California dreamin'
Paul Stookes gave up a rock 'n' roll lifestyle to become an environmental lawyer after a trip to smoggy LA. Emma Vere-Jones meets the Head of the Environmental Law Foundation
Coming Clean
When he packed up his private practice kit bag to go in-house, head of legal for Onyx Environment Group Robert Hunt never looked back. Kelly Harrison talks rubbish with a man who knows more about it than most
