Our environmental lawyers can help your business manage risks and comply with the complexities of legislation. If things go wrong, we can help you get your business back into compliance and apply our expertise to assist you with regulator challenges.
As environmental lawyers, we can undertake due diligence, manage risks in all types of transactions and projects, advise on the interpretation of and compliance with environmental regulations, as well as advising on contentious matters (both civil and criminal, including criminal investigations).
Transactional due diligence and project risk management
When undertaking corporate or real estate transactions, all businesses should consider whether there are any significant environmental issues for which they may be responsible. As part of your due diligence, we offer sensible and practical advice on how environmental risks can be minimised or avoided, including:
- advice on the potential impacts of new environmental legislation for businesses
- appointing environmental consultants to do technical due diligence or manage remediation works and procuring letters of reliance and collateral warranties
- drafting and negotiating environmental warranties and indemnities
- managing lender liabilities and risks
- managing transfers of environmental permits and licences
- obtaining environmental insurance
On infrastructure and real estate development projects we offer advice on structuring the project to minimise environmental risks.
Prevention is better than a cure
Relationships with regulators are critical to the ongoing success of your business and we can help you to maintain them. Compliance is critical to avoid enforcement action and potentially damaging publicity. This is particularly important if you are seeking to use your environmental credentials to differentiate yourself from your competitors. We can help manage your environmental risk, ongoing compliance and other engagement with regulators, including:
- challenging regulators’ decisions (including appeals against refusals of permits, conditions imposed on permits and civil penalties under the civil sanctions regime)
- chemicals legislation, including REACH and CLP
- contaminated land management
- ecology and protection of habitats and species
- energy efficiency and climate change legislation (including emissions trading)
- environmental and sustainability reporting requirements
- environmental taxes, such as landfill tax, plastic packaging tax and carbon border adjustment mechanisms
- pollution incidents
- producer responsibility legislation and extended producer responsibility legislation relating to WEEE, batteries and packaging waste
- statutory nuisances including noise, smoke and fumes
- the need for and compliance with environmental permits, licences, registrations and exemptions
- waste management and recycling requirements
Reassurance if things go wrong
We have a successful track record in working with clients and regulators to prevent enforcement action being taken. We always recommend taking legal advice before any engagement with a regulator following an alleged breach of environmental legislation. However, where formal enforcement action cannot be prevented, we advise on all aspects of defending environmental investigations and prosecutions, including:
- engaging with regulators during their investigations, which might include:
- advising on their powers and challenging the unlawful use of powers
- liaising with regulators over their investigation including letters of representation, with a view to diverting investigations away from prosecution
- offering an Enforcement Undertaking or other civil sanction as an alternative to prosecution
- advising on interviews under caution
- advice in respect of enforcement notices, including appeals against them
- providing representation at the Magistrates’ Court and Crown Court and advising on all aspects of defence preparation
