12 January 2012
The latest edition of our Environment and Energy Law newsletter, bringing you news and updates on a wide range of issues.
09 January 2012
Burges Salmon has a dedicated Carbon Law Team which brings together experts from various departments of the firm to provide clients with an integrated team which is familiar with the sector and has considerable practical experience of emissions trading issues.
28 December 2011
The Energy Act 2011 received royal assent on 18 October and passed into law less than a year after it was introduced to the House of Lords in December 2010. The Act deals with the following key themes: energy efficiency, security of energy supplies and measures for reducing carbon emissions. The largest part of the Act introduces the coalition’s flagship ‘Green Deal’ policy to encourage and facilitate the retrofitting of existing properties. Burges Salmon has played and continues to play a significant role in the development of this policy, which is the focus of this article.
23 December 2011
On Wednesday 21 December 2011 the European Court of Justice ruled that the application of the EU Emissions Trading Scheme to airline operators flying in and/or out of the EU was lawful.
21 December 2011
The White Paper sets out Defra’s vision for future water management. This alerter discusses some of the key proposals set out in the White Paper and looks at the timings for implementation. It is relevant to anyone with an interest in water and water management issues.
07 December 2011
The aviation industry will come within the EU Emissions Trading Scheme from 1 January 2012. Airlines would be well advised to grab this particular nettle and deal with risk and cost management in the context of the EU ETS, by implementing appropriate emissions trading strategies. We have prepared a detailed briefing note on the subject.
16 November 2011
A conference paper on the legal regimes for the control of odour emissions. This paper was initially delivered at the 16th European Biosolids & Organic Resources Conference on 16 November 2011.
16 November 2011
The Government's introduction of the Feed-In Tariff (FIT) for small-scale renewables in April 2010 has led to frenzied activity in the relatively new sector of solar photovoltaic (PV) energy. Since April 2010, many start-up companies have emerged, and there has been a rush to install solar panels to take advantage of tariffs available. However, it has not all been smooth sailing for the solar sector.
18 October 2011
Legislative drivers and market demands have transformed waste management from a disposal at the lowest price operation to a sophisticated global resource (materials/energy) trading organisation. While the market continues to develop, legislation will continue to drive and encourage the transition towards the environmentally sound management of wasted resources.
29 September 2011
The latest edition of our Environment and Energy Law Newsletter.
18 July 2011
In April the high court handed down a landmark judgment on the interaction between the environmental permitting regime and private nuisance. This article provides a quick refresher on its key principles as background to the Barr judgment.
01 July 2011
Energy companies and developers are used to protracted arguments and disputes. Persistent opponents to a renewables project can seek to limit or disrupt the operational phase using the law of nuisance.
30 June 2011
An estimated 200,000 kilometres of private sewers and private lateral drains will, from 1 October this year, transfer “overnight” from private ownership to that of statutory sewerage and water companies. This briefing is relevant to developers who should be aware of how these proposals affect them at different stages of the development process along with the changes on mandatory build standards (expected later in the year).
30 June 2011
An estimated 200,000 kilometres of private sewers and private lateral drains will, from 1 October this year, transfer “overnight” from private ownership to that of statutory sewerage and water companies. This briefing is relevant to landowners who may in certain circumstances wish to appeal against the proposals. The timescales for appealing however are very short and landowners will need to be alert to the issues and act swiftly if they think an appeal is necessary.
22 June 2011
In this update, we consider the recent case of Barr and others v Biffa Waste Services Limited, where the Technology and Construction Court dismissed a claim in private nuisance by 152 households for odour pollution from a landfill site because the operator was complying with the terms of its environmental permit and was not operating in a negligent manner.
16 June 2011
Caroline Spelman, Secretary of State for Environment, Food & Rural Affairs, is holding a further drought summit in June 2011. A drought has been declared in parts of East Anglia and restrictions could be extended to other parts unless rainfall increases.
13 May 2011
Major projects, such as energy generation stations or waste treatment plants, can meet with fierce opposition, often on environmental grounds. This article seeks to provide some practical advice on the steps that can be taken to minimise the risks and protect against challenges.
13 May 2011
DEFRA released a consultation inviting views on four alternative options they could use to introduce carbon reporting for businesses. We suggest that companies take the time to respond to this consultation and try to shape Government policy.
13 May 2011
DEFRA released a consultation yesterday inviting views on four alternative options they could use to introduce carbon reporting for businesses. This consultation will be relevant to your business if it is a quoted company, a large company or has at least one half hourly meter and consumes more than 6,000 MWh of qualifying electricity per year.
05 April 2011
The latest edition of our Environment and Energy Law Newsletter.
21 March 2011
This brochure provides a more detailed overview of Anaerobic Digestion Projects and the experienced team at Burges Salmon who are able to provide specialist advice on such matters.
21 March 2011
This brochure provides a more detailed overview of Renewable Energy Projects and the experienced team at Burges Salmon who are able to provide legal advice to those working in the renewable energy sector in assessing the risks and understanding the issues which need to be addressed to bring renewable energy projects to fruition.
21 March 2011
This brochure provides a more detailed overview of Marine Energy Projects and the experienced team at Burges Salmon who are able to provide legal advice in this area.
16 March 2011
This year will see significant reforms to the regulation of water in England and Wales with the publication of a Water White Paper, and a major reform of the economic water regulator Ofwat. The changes will affect not only water companies and their customers, but also have implications for wider utilities regulation and climate change adaptation.
15 February 2011
At the start of 2011, with environmental and energy issues high on the political agenda, this article highlights some of the key developments that can be expected by businesses and in-house lawyers in these fields this year.
21 January 2011
In December 2010 DEFRA published its long awaited proposals for amendments to the Contaminated Land Regime in England and Wales under Part 2A Environmental Protection Act (CLR). The consultation has followed a series of informal discussions with over 150 stakeholders, which according to Government has revealed a widespread view within the sector that the statutory guidance which underpins the regime needed to be updated.
15 December 2010
A key milestone in the implementation of the REACH (Registration, Evaluation, Authorisation and Restriction of CHemical substances) Chemicals Regulation 1907/2006 (REACH) was the first registration deadline on 1 December 2010.
01 December 2010
The latest edition of our Environment and Energy Law Newsletter.
30 November 2010
The Court of Appeal has given its judgement in the case of Veolia v Nottinghamshire CC. The Court, reversing the earlier decision of the Administrative Court, held that commercially sensitive information handed over to the Council was protected from disclosure.
20 October 2010
Following criticism that European legislation has hampered the progress of GMOs, the EC has recently made proposals that aim to radically change how food and feed producers and biotechnology and agri-chemical companies access the vast potential of GM science.
26 August 2010
Have you complied with the September 2010 registration deadline?
26 July 2010
This article examines the ‘green’ agenda of the new ‘blue/yellow’ coalition government, and assesses what this marriage of political ideologies might mean for the energy and environment sectors over the coming years.
14 June 2010
Waste batteries, and accumulators, environmental regulation and supply chains: the big picture.
14 June 2010
The CRC Energy Efficiency Scheme Order 2010 has now been published and is in force. The final publication of the Order follows several rounds of Government consultation, and now provides organisations with the certainty required to evaluate whether their particular organisation is covered by the Scheme, to what extent, and if so, what now needs to be done.
14 June 2010
Our latest update on developments in the arena of nuclear law, along with news of Burges Salmon's recent involvement in nuclear related projects and transactions.
11 June 2010
2010 will see some critical challenges in the development and implementation of the REACH and CLP Regulations and the
RoHS Directive.
11 June 2010
The Flood and Water Management Act 2010 will have significant implications for landowners, developers, the water industry, local government, the Environment Agency and the wider business community.
11 June 2010
The Renewable Energy Directive published in June 2009 contained sustainability criteria for the use of biofuels for transport and bioliquids for heat and electricity generation and for cooling, but it did not address the use of solid and gaseous biomass sources. This issue has been considered separately by the European Commission which reported its findings in the Biomass Sustainability Report published in February 2010.
28 May 2010
What a nuisance! Key environmental cases from the past year.
24 May 2010
The Industrial Emissions Directive ("IED") is due for its Second Reading in the plenary sessions of the European Parliament on 6 July 2010. Once agreed is likely to have far reaching consequences for many industries and sectors, including all those covered by the Integrated Pollution Prevention and Control 'IPPC' Directive.
23 April 2010
A review of 4 key developments in regulation shake-up
01 April 2010
The Environment Agency and Natural England will have a range of new civil sanctions at their disposal from 6 April 2010. These new civil sanctions increase the options available to these regulators when determining the enforcement response to an number of existing environmental offences. Business leaders, in house legal teams, environmental managers and environmental consultants will all need to understand the new sanctioning regime and the impact that the new regime may have on their operations.
16 March 2010
Access all areas - how safe is your commercially sensitive environmental information?
15 February 2010
2010 will see some very significant milestones in the implementation of REACH and the related EU Regulation on Classification, Labelling and Packaging of Chemical Substances 1272/2008 (CLP Regulation). However, formidable difficulties must be overcome before many firms can be confident that they are managing the response to this new legislation fully and effectively.
12 February 2010
This briefing looks at the traditional ways in which a party can be liable for causing flooding to another (the traditional approach). It will also address the legal basis for claims arising as a result of climate change (climate change litigation).
29 January 2010
This briefing provides and overview of the steps organisations will be required to take under the Scheme and includes key points of clarification provided by the Order.
29 January 2010
The shift in environmental regulation over the past decade from command and control mechanisms to more innovative approaches such as market mechanisms is often lauded as a more business friendly approach, but the other side of the coin is that the implementing regulations themselves are often complex and difficult to interpret.
21 January 2010
Does the Copenhagen Accord represent a failure to agree a way forward for dealing with climate change?
21 December 2009
A look at how DEFRA is attempting to clarify the waste permitting exemption regime. This article originally appeared in The In-House Lawyer.
01 December 2009
In association with the Institute of Licensing, we are hosting 2 conferences dealing with Outdoor Events on 18/19 January 2010 in London, and then at our Bristol office on 21/22 January 2010. This seminar will cover all aspects of organising events for landowners, stadium and venue managers as well as promoters and local authority events teams. Click on the link to read more.
01 December 2009
Our latest environmental and energy law newsletter covering a range of topics including Energy, Renewables, Nuclear, Carbon, Waste, Chemicals, Legislation, Water, Litigation and Air Quality.
30 November 2009
The government is planning to overhaul the current suite of Exemption Orders under the Radioactive Substances Act 1993, revoking all existing Exemption Orders and replacing them with one conditional Exemption Order. Click on the link to read more.
30 November 2009
New regulations which came into force on 30th October 2009 will potentially have direct and significant impacts on discharges of radioactive substances to groundwater. Click on the link to read more.
19 November 2009
Read more about Defra's Flood and Water Management Bill which was included in the Queen's Speech despite strong criticism of the draft Bill by those that responded to the consultation.
10 November 2009
REACH expert William Wilson breaks down the key features of the legislation, the steps that need to be taken to ensure compliance, and the implications it will have on aviation. This article first appeared in UBM Aviation’s publication Aviation and the Environment.
10 November 2009
This update provides further information on Direct Power Purchase Agreements (PPA) and their benefits for generators, consumers and suppliers.
10 November 2009
This article gives an overview of the Nuclear National Policy Statement (NPS) and associated documents were published on 9 November 2009. The nominated sites included in the NPS are Bradwell, Braystones, Hartlepool, Heysham, Hinkley Point, Kirksanton, Oldbury, Sellafield, Sizewell and Wylfa.
23 October 2009
This article looks at nuisance, control of nuisance noise and associated health and safety implications for employers. The licensed trade sector is the focus of this article, as an industry traditionally linked closely to noise issues. However, similar principles will be applicable to many different sectors.
08 October 2009
The Government has now published its response to the Carbon Reduction Commitment (CRC) consultation that closed in June 2009, which announces some fundamental changes to the proposed structure of the CRC scheme. This briefing note summarises the changes.
29 September 2009
Julian Boswall looks at consenting major energy projects under the new Infrastructure Planning Commission.
13 August 2009
The latest edition of our Environment and Energy Law newsletter. In this edition we look at: Energy and Power; Carbon, Climate Change and Sustainability; Waste and Contaminated Land; Chemicals, REACH and GHS; Environmental Legislation and Litigation and a review of case updates.
22 July 2009
The UK is undertaking a new breed of energy project in what can be a hostile environment. The situation in respect of applicable health and safety laws is not and currently there is a regulatory "gap" for offshore renewables projects situated outside territorial waters.
09 July 2009
The lack of a clear regulatory regime and the unattractiveness of front-loaded grid connection costs are deficiencies that the government has sought to address by designing a new off shore regulatory regime. The new regime, consulted on since 2005, is currently being introduced.
01 July 2009
Julian Boswall explains the role the planning system plays in implementing renewable energy projects which will be essential in the UK’s drive to meet its electricity needs. This article first appeared in Solicitors Journal.
10 June 2009
The Carbon Reduction Commitment is a new mandatory UK emissions trading scheme that will start in April 2010.
10 June 2009
The briefing contains two articles. One which looks at litigation skills for environmental lawyers, and another which looks at the environmental perspective of insolvency.
15 May 2009
Georgie Messent and Lucie Drummond discuss the new scheme designed to reduce carbon emissions and the impact it will have on public and private organisations, including the financial implications and the penalties for non-compliance.
01 May 2009
The first prosecution under the Corporate Manslaughter and Corporate Homicide Act 2007 has been announced by the CPS.
14 April 2009
Following protracted negotiations, the European Council adopted the new Waste Framework Directive (WFD) in October 2008. The WFD must be fully implemented into UK law by December 2010. This article explains all the changes.
08 April 2009
THE ENVIRONMENTAL DAMAGE (Prevention and Remediation) Regulations 2009 were brought into force on 1 March 2009 in England and put in place a new environmental liability regime that will impose liability on operators of activities that cause or threaten environmental damage after that date.
30 March 2009
Our Nuclear Law team's newsletter. This edition covers Transfrontier Shipment Regulations, DECC consultations and Commission updates.
24 March 2009
These slides accompany the Responding to the downturn webinar.
16 March 2009
James Phillips, associate in our Environment Team, looks at new regulations and targets for energy production. Article written for the In House Lawyer magazine, March 2009 edition.
02 March 2009
This briefing looks at the law relating to mothballing or decommissioning manufacturing plant.
10 February 2009
We explain how bringing a renewable energy project to fruition requires specialists in property, planning, construction, corporate and banking work, as well as those with an excellent knowledge of grid connection, fuel supply and electricity off-take issues.
19 January 2009
This briefing provides an update of the likely use of the new powers of imprisonment and the effective date.
17 November 2008
We were invited by Chambers and Partners to write this sector overview for their 2009 guide to the legal profession.
17 November 2008
THE EU BATTERIES AND ACCUMULATORS DIRECTIVE (2006/66/EC) (the Batteries Directive) came into force on 26 September 2008 and will have cost and compliance implications for those who manufacture, import, distribute, sell or recycle batteries.
29 October 2008
New corporate manslaughter legislation is now in force in the UK. Ann Metherall of the ICE health and safety expert panel says it could have a major consequences for civil engineering organisations and professionals.
20 October 2008
Latest developments in renewable energy
06 October 2008
EU waste shipment legislation: one year on
18 September 2008
Ross Fairley, co-head of our Environment Team, takes a closer look at the judgment given in Bailey and others v Secretary of State for BERR and Prenergy Power Limited.
15 September 2008
This briefing summarises the powers available to the police in conducting manslaughter investigations and how individual managers and directors may be called to account. It does not cover the powers of HSE Inspectors.
03 September 2008
Information about the Environmental Law webinar on new EU REACH chemical regulations.
03 September 2008
A review of developments in the Environment sector.
02 September 2008
Latest updates on environmental law issues.
15 August 2008
Comment from about the government's plans to increase the use of anaerobic digestion to tackle climate change.
21 July 2008
This briefings looks at a recent High Court decision that has important consequences for energy developers facing challenges to their development consents.
01 July 2008
Simon Tilling and Robert Triggs look at the latest environmental legislation which is likely to have an impact on businesses.
02 June 2008
Article published in The In House Lawyer (June 2008) on the Mining Waste Directive.
01 May 2008
Article published in The In House Lawyer (May 2008) on Climate Change Litigation - an update.
28 April 2008
This edition covers the White Paper on Nuclear Power, EU Environment and Energy legislation, recently parliamentary bills and more.
02 April 2008
Article published in The In House Lawyer (April 2008) on Climate Change - what was decided in Bali.
07 March 2008
This briefing is in response to the "Consultation Paper on Sentencing for Corporate Manslaughter". The consultation also includes sentences for breach of health and safety laws that result in death as well as corporate manslaughter.
03 March 2008
Article published in The In House Lawyer (March 2008) on the changing landscape of Environmental Permitting.
04 February 2008
Article published in The In House Lawyer (February 2008) on recent developments in the Radioactive Contaminated Land Regime.
01 January 2008
Article published in The In House Lawyer (Jan 2008) on the Renewable Transport Fuel Obligations Order.
21 November 2007
Risks and opportunities resulting from Climate Change
01 November 2007
Updates on environmental law issues.
27 July 2007
Climate change: the government's proposals to meet the energy challenge.
16 July 2007
Carbon Law Newsletter, a bulletin which is intended to keep you informed of key climate change and emissions trading issues.
26 June 2007
Energy Performance Certificates (EPCs) have been in the news recently as a result of their association with Home Information Packs (HIPs) for home buyers. EPCs are part of the requirements of a European Directive, the Energy Performance of Buildings Directive (the "Directive"). This relates to the users of all properties not just residential dwellings. This could have a significant implication for the managers of properties in the rail sector. This briefing explains the main requirements of the Directive and its implementing Regulations in UK law.
31 May 2007
This briefing note provides an immediate reaction, from a legal stand point, to the steps set out in the May 2007 Energy White Paper ("EWP") and the suite of documents that support it. It addresses itself to those aspects of the EWP that deal with the role of new nuclear build in the energy mix.
31 May 2007
This article looks at the current procedure for the service of statutory notices and appeals against them, and the difficulties that they can cause. It also looks at examples of statutory notices that are appealed in the Magistrates Courts.
03 May 2007
The Environmental Liability Directive (2004/35/CE, "ELD") came into force in April 2004 and the UK Government has missed the deadline of 30 April 2007 for transposition of this Directive into UK law. This article summarises some of the key provisions of the ELD, looks at its implications for companies and provides information on the current Government proposals for implementation of the ELD.
01 May 2007
For every residential property being marketed for sale after 1 June 2007 in England and Wales, a Home Information Pack (HIP) will be required to be available for potential buyers. A HIP gives buyers information about a property upfront. The pack will be prepared and paid for by the seller and available for free to potential buyers. It is estimated that 25% of national CO2 emissions comes from domestic energy consumption, therefore improvement in the energy efficiency of properties is crucial for reducing our overall emissions.
30 April 2007
A recent case involving waste recycling and treatment facilities could have significant implications for the future procurement of large-scale waste treatment and disposal plant and for lenders to Private Finance Initiative (PFI) projects. The case raises serious questions, albeit that such questions remain unresolved after this case, about the primacy of security arrangements where PFI assets become affixed to land owned by an authority.
02 April 2007
The attached brochure details the services which the Renewable Energy Team undertakes. Burges Salmon renewable energy team brings together experts from various departments of the firm to provide clients with an integrated team, which is familiar with the sector and has practical experience.
30 March 2007
Our review of recent regulatory developments and legislative change on issues relating to Energy and Power, Climate change and sustanability, waste and contaminated land and others.
19 March 2007
Many companies that have previously not been involved in the nuclear market are now being attracted to it by the likely prospect of new nuclear facilities being built and the opening of the decommissioning market following the establishment of the Nuclear Decommissioning Authority (NDA).
09 March 2007
In this important judicial review case won by Greenpeace,Mr Justice Sullivan ruled that the Secretary of State for Trade and Industry had failed to give “the fullest public consultation” as promised before deciding to announce in the July 2006 Energy Review as a foregone conclusion that government policy had changed and now favoured nuclear new build. As a result the Court declared that policy statement unlawful.