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Energy & Environmental Disputes
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The ever-increasing burden of environmental regulation is an important issue, impacting on a company’s operating strategy and, ultimately, its financial objectives. Failure to comply with the regulations can lead to civil disputes, resulting in the payment of compensation (toxic tort claims) and also criminal prosecutions for breaches of environmental legislation. Handled badly, such disputes can damage the company’s reputation, have a negative impact on valuable commercial relationships, over-occupy management time and the costs can be punitive.

In the event of such actions or the involvement of the regulatory enforcement agencies, Osborne Clarke’s Environment group is able to provide immediate assistance to protect the company’s interests.

Our Environment group comprises lawyers with expertise in environmental law across the disciplines of litigation, corporate, property and planning. The group was established in 1990 and has a proven track record in providing sound commercial advice on a wide variety of energy and environmental-related disputes, including contaminated land, water pollution, waste management, packaging and disputes arising from construction projects, between contractors and sub-contractors, environmental warranties and indemnities in property and corporate transactions. According to Chambers & Partners 2005, we have “experienced lawyers, they have a good attitude; they're all very friendly and sensible and good to work with” and are “incredibly enthusiastic, knowledgeable and helpful."

We have particular expertise in acting for utility companies on a broad range of issues, including distribution, financing, supplier agreement and pipeline connection disputes, as well as on cable and pipeline damage claims.

We also have extensive environmental ‘insider’ knowledge of latest thinking and best practice, gained from our active membership of the Environmental Services Association, the United Kingdom Environmental Law Association, the Chartered Institute of Waste Management, the Renewable Power Association and from one of our team members sitting on the Environment Agency's Regional Environmental Protective Advisory Committee (SW). This activity ensures we remain at the leading edge of new legislative developments. Our clients benefit, as we help them to anticipate and implement changes, which – in turn – maximise their business opportunities and minimise their liabilities.

Examples of our recent experience include:
  • advising Bristol Water plc in relation to prosecutions under Water Industry Act 1991 and Water Supply (Water Fittings) Regulations 1999
  • advising Fred.Olsen Renewables on the project financing, construction and power offtake aspects of one of Scotland's largest on-shore windfarms
  • advising Novera Energy Ltd on UK aspects of this leading renewable energy group's IPO in Australia

Peter Clough
t +44 (0) 117 917 4060
peter.clough@osborneclarke.com

clients:
  • Amgen Cymru
  • Fred.Olsen Renewables Ltd
  • Invensys Plc
  • Novera Energy Europe
  • Recycling Services Group
  • St Regis Paper Company


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