Our Global Environmental and Regulatory Law practice 2018 - Allen & Overy
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Our Global Environmental and Regulatory Law practice 2018 allenovery.com
2 Our Global Environmental and Regulatory Law practice | 2018
Introduction
Environmental and regulatory compliance issues are now part of everyday life
for most businesses, be they engaged in evidently hazardous activities or not.
Likewise, developments in the climate change arena are raising new challenges
for the business community. Regulatory demands, however, continue to
widen in response to increasingly international environmental, human rights
and trade concerns and present more and more compliance issues affecting
both processes and products, as well as liability issues in business transactions.
To steer successfully through this regulatory jungle requires specialist
expertise on a global scale.
Allen & Overy’s Global Environmental and Regulatory Law group includes
more than 60 specialist, commercially focused environmental and regulatory
law experts across the world advising on all aspects of environmental,
product and trade law and liability. As one of the first law firms to
develop a globally integrated environmental law practice, Allen & Overy
is able to provide both transactional and stand alone advice in all the
major areas of environmental and health and safety law at national,
regional and international levels. We have long-standing expertise in
a wide range of regulatory issues affecting our clients’ supply chains
and the movement of our clients’ products around the world.
We also regularly advise clients on the management of cross-border
due diligence and on contractual negotiations in relation to major
international acquisitions, disposals and infrastructure projects.
© Allen & Overy LLP 2018
3
“I can’t fault them in terms of the quality of the
end product and the turnaround times; they
can react very quickly.”
Chambers UK 2018 (Environment)
“They are approachable and accommodating in
the development of arguments.”
Chambers UK 2018 (Environment)
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4 Our Global Environmental and Regulatory Law practice | 2018
What Allen & Overy can offer
– A highly experienced team. We are the leading Recognised as market leaders
Environmental and Regulatory Law practice in many
Lawyers across the Global Environmental and Regulatory
of the jurisdictions in which we operate, with a depth
Law group have been recognised by leading independent
of experience bothin the context of regulatory matters
directories as leaders in their field.
and transactions.
In 2017, our practice was recognised for its breadth by
– A long-term relationship. We invest time to fully
PLC’s International Who’s Who of Environment Lawyers
understand our clients’ business lines and what you need
and secured a top tier ranking. The Handbook identifies the
from your advisers. We are committed to developing deep
best environmental law counsel in 43 jurisdictions across
and long-term relationships.
the globe. Six members of our global team were singled out
– An extensive geographical spread. The global coverage as being highly regarded individuals including Ken Rivlin
of our group means that we can provide comprehensive (U.S.), Matt Townsend (UK), Gauthier van Thuyne
advice in any jurisdiction. (Belgium), Kamil Jankielewicz (Poland), Henry van Geen
and Jochem Spaans (both Netherlands).
We work where you work
The global group’s dedicated teams are based in Asia Pacific,
the Americas and Europe.
Our geographic reach, including the transfer of knowledge
between different offices and jurisdictions, means that we
are able to keep abreast of the latest environmental initiatives
and legislative developments occurring around the globe.
In addition to expertise in Allen & Overy’s own offices,
by virtue of our network of specialist local firms in other
jurisdictions we can also ensure that you get high quality
environmental advice wherever in the world you need it.
© Allen & Overy LLP 2018
5
Global environmental
and regulatory law expertise
Allen & Overy can offer you a truly global environmental from the sourcing of raw materials to the management at
and regulatory law service with resources to advise on their end-of-life stage.
the largest and most complex issues. Our global team
We advise on regulatory requirements across the
provides expert advice in a wide range of environmental
life-cycle of products and are at the forefront of regulatory
regulatory areas including REACH, climate change,
initiatives concerning a vast array of products, from traded
producer responsibility for recycling and take back,
commodities to electronic equipment and medical devices.
product regulation, renewables, waste and contaminated
We also have a strong track record in product recall,
land liabilities. The group’s expertise focuses on a number
product liability and the management of risks from
of core areas including:
defective products.
Chemicals regulation and REACH Climate change and green technology
We advise on the environmental and health and safety
The management of carbon and wider climate change
impacts of bulk and speciality chemicals in various uses
initiatives remains at the forefront of the political
and applications and the potential regulatory and liability
agenda and presents ever increasing challenges for
issues associated with them. Our group has a strong record
businesses. Our worldwide climate change practice
of advising a number of leading multinational chemicals
group has advised extensively on carbon related
companies, as well as downstream users of chemicals
projects, initiatives to mitigate carbon impacts and
across different sectors on sensitive issues surrounding the
the development of CSR policies and carbon
regulatory/liability risks arising from their products and
management strategies for clients.
services. We have worked extensively on Europe’s REACH
regime. This has included advice on: registration obligations Allen & Overy is also at the forefront of the renewable
in complex supply chains; disclosure of information to energy market, advising both companies and financiers
regulators and third parties; analysis of trading operations across the renewable energy spectrum, including hydro,
to determine REACH obligations; the authorisation powers energy from waste, solar, wind, biomass, biofuels and
(and the inclusion of substances on the candidate list) co-firing. We assist clients on the regulatory aspects
including related legal challenges; safety data sheets; of a wide range of renewables projects, as well as the
REACH audits by regulators; and, supply chain terms. environmental economic instruments which are so
essential in making such projects viable, such as the
We also provide advice on developments under the
UK’s Renewables Obligation, green certificates
CLP Regulation and track and advise on the development
and tariffs in Europe, and emissions credits under
of equivalent global requirements.
the Kyoto Protocol.
Product regulatory
Contaminated land and
The international trade in, and marketing of, products is
subject to growing regulatory burdens. Legislators have environmental liability
taken a product-centred approach to environmental We advise on the full range of contaminated land issues
and consumer protection for over a decade. This is including the allocation of liabilities (under contract and
accelerating as governments across the world look to statute), clean-up issues, negotiations with regulators and
introduce restrictions to markets based on environmental third parties and the ring-fencing of liabilities. We also work
protection. Obligations and liabilities are being imposed on with clients on a variety of remediation projects, including
manufacturers, importers, retailers, distributors, users and advising on contractual arrangements with environmental
disposers to reduce the environmental impacts of products, consultants and remediation contractors.
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6 Our Global Environmental and Regulatory Law practice | 2018
Corporate governance, disclosure Strategic oil stock holding obligations
and access to information As the new EU regime for compulsory oil stocking comes
With a mass of new and changing legislation in this area, into force, we are well placed to advise on compliance with
environmental issues and transparency initiatives continue the obligations that are imposed on operators. We have
to be a headline issue for boardrooms. SEC reporting expertise in national oil stocks management, the creation
requirements on environmental issues, new EU transparency of public entities designed to hold stock and the CSO
requirements and obligations to report on environmental including ticketing arrangements designed to provide
impacts and standards in annual reports, are just a couple obligated parties with stock availability. Our lawyers also
of examples. have experience in advising governments on their stock
holding compliance strategies.
Allen & Overy’s environmental and regulatory law experts
advise on all types of environmental disclosure requirements EHS regulatory
and associated problems, such as commercial confidentiality.
Whether the issue of disclosure arises in respect of We advise businesses across a variety of sectors on
a statutory or permit based obligation, as a result of regulatory, permitting and compliance related issues.
a request from a regulator or even under pressure from Particular areas of strength include air and water pollution,
interested stakeholders, Allen & Overy’s sector specific waste management and shipment, land contamination, noise
knowledge helps clients grappling with the legal and abatement and hazardous substances. The global slowdown
commercial implications, particularly in relation to has led to significant corporate restructuring, plant closures
business sensitive matters. and mothballing. Environmental issues are often a key
consideration in these decisions given the need to minimise
Export controls the environmental legacy and eliminate longer term risks.
The movement of products between jurisdictions is We advise on health and safety issues in transactions and
increasingly subject to financial and trade restrictions, on a stand-alone basis. This ranges from strategic issues
imposed by the UN, at European or national level and concerning board-level health and safety responsibilities
product exporters have to work within an often complex to practical guidance over health and safety issues,
framework of rules. The Global Environmental and relationships with contractors and health and safety-related
Regulatory Law group has extensive experience in advising proceedings. We also assist on measures to prevent bribery
clients on the potential implications of these restrictions and corruption issues connected to environmental and
as well as on import and export requirements. We have wider compliance matters.
particular experience in: advising on the impact of EU,
UK and U.S. trade sanctions; developing trade compliance
policies and procedures; advising on dual-use restrictions;
analysing and mitigating trade related risks in M&A
transactions; undertaking voluntary investigations
in compliance with trade restrictions; advising on contractual
arrangements in relation to sanctions and export controls;
carrying out due diligence in the supply chain; and,
supporting applications for licences/exemptions.
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“The firm is focused on being the best
international environmental firm it can be
by providing its clients with exceptional service
from the very beginning. You will always be
provided with a wide range of possibilities and
the team will always be committed to solving
your conflicts.”
Chambers UK 2017 (Environment)
“The team identifies critical issues and responds
and adapts quickly. We got an end result that
was really useful.”
Chambers UK 2017 (Environment)
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8 Our Global Environmental and Regulatory Law practice | 2018
Emissions and carbon trading Crisis management
Since the earliest days of the carbon market, Preparing for major disruptions to business operations
Allen & Overy’s multi-jurisdictional emissions trading has never received such attention. Growing environmental,
practice in Asia, Europe and North America has expanded health and safety standards combined with intense media
to meet client demand. We are exceptionally well placed scrutiny and stakeholder concerns mean that you need to
to advise on aspects of the challenges facing the EU ETS clearly identify major risks which may affect the business
in the current economic climate as well as on developing and plan for all eventualities. Our integrated practice of
international emissions trading schemes. We are at the regulatory experts and litigators is ideally suited to advise
forefront of advising on, and drafting documentation for, on developing, planning and implementing a crisis strategy.
the trading of emissions credits and the development of We advise on integrity testing plans, provide practical
climate change projects. guidance on managing relationships with regulators and
resolve disputes with as little disruption to our clients’
We have extensive experience of working with clients in
business as possible.
both the public and private sectors on climate change
projects, including advising on the European Union In particular, we can advise on: developing a management
Emissions Trading Scheme, the Kyoto Mechanisms and organisational structure to respond to an incident
(Clean Development Mechanisms, Joint Implementation or crisis; existing emergency response procedures; the
and International Emissions Trading) and on both the preparation of key documents to manage the role of
buy and sell side of Emissions Reductions Purchase parties such as contractors or JV partners; selecting,
Agreements and Project Development Agreements. appointing and managing other external advisors such as
PR or media consultants; training staff on crisis procedures;
Disputes and litigation managing the relationship with regulators in the event of
We combine environmental and litigation expertise to a crisis; bringing the business back into compliance; and,
provide support in civil, criminal and administrative disputes civil and criminal proceedings which follow an incident.
and proceedings. We cover the full range of potential issues
including contaminated land, noise, nuisance and waste.
Supply chain risks
This includes indemnity and warranty claims, third party We understand that businesses are increasingly under
civil actions and managing relationships with regulators. scrutiny from investors, the media and NGOs in respect of
their approach to managing supply chain risks and liabilities.
Transactional support This can cover a wide variety of issues from more traditional
A major part of the Global Environmental and Regulatory compliance issues such as environment and health and
Law group’s work is concerned with providing advice to safety to workforce conditions, grievance mechanisms,
multinational corporations, global financial institutions, displacement and security. We work closely with clients
public sector institutions and other organisations on the to manage their risks in these areas. We have developed
management of environmental and regulatory risks and a range of human rights compliance policies for clients,
liabilities in mergers, acquisitions, disposals, financings, undertaken supply chain diligence, advised on specific
projects, joint ventures and similar transactions. compliance issues and provided strategic support to
clients in sensitive matters.
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Nature protection and biodiversity Waste management
Stringent international, EU and national legislation for We advise on all aspects of the regulation of waste
flora and fauna species protection and habitat conservation and waste management activities, including the definition
has a significant impact on many types of businesses. and classification of waste, permitting requirements,
However, it also represents a potential opportunity, the trans-frontier shipment of waste, licensing and national
with growing policy and market moves towards methods and local regulatory issues. Our experience also includes
of valuing the economic capital of biodiversity. advising on a number of waste projects utilising a variety
of technologies including energy from waste and anaerobic
Projects in or near the EU-wide Natura 2000 network
digestion plants. We also have extensive experience of
of protected areas may be subject to specific permitting
advising on the acquisition and disposal of businesses
regimes or restrictive conditions. Even existing businesses
in the waste management industry and in
may be impacted by the presence of protected species.
waste-related litigation.
At the same time, forward looking companies may also
be interested in taking advantage of market measures to We would be delighted to provide you with credentials on these
monetise the natural capital of land and ecosystems and any other areas of our practice
within their control.
We are well-placed to assist with what is often considered
one of the most complex and detailed areas of
environmental law, advising on both the international
framework and the national implementing legislation for
nature protection. Recent experiences include advice to,
and risk assessments for, power and infrastructure projects,
both nationally and in cross- and near-border contexts
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10 Our Global Environmental and Regulatory Law practice | 2018
Your key global environmental and regulatory contacts
Western Europe
Henry van Geen Gauthier van Thuyne Olaf Otting Matt Townsend
Partner, Amsterdam Partner, Brussels Partner, Frankfurt Partner, London
Tel +31 20 674 1117 Tel +32 2 780 2575 Tel +49 69 2648 5466 Tel +44 20 3088 3174
henry.vangeen@allenovery.com gauthier.vanthuyne@allenovery.com olaf.otting@allenovery.com matthew.townsend@allenovery.com
Jochem Spaans James Neill Tom d’Ardenne Emily Turnbull
Counsel, Amsterdam Senior Associate, London Associate, London Associate, London
Tel +31 20 674 1500 Tel +44 20 3088 4633 Tel +44 20 3088 3534 Tel +44 20 3088 4734
jochem.spaans@allenovery.com james.neill@allenovery.com tom.dardenne@allenovery.com emily.turnbull@allenovery.com
CEE
Iyesogie Igiehon Pablo Mayor Romaric Lazerges Kamil Jankielewicz
Associate, London Partner, Madrid Partner, Paris Counsel, Warsaw
Tel +44 20 3088 3420 Tel +34 91 782 99 32 Tel +33 1 40 06 53 44 Tel +48 22 820 6165
iyesogie.igiehon@allenovery.com pablo.mayor@allenovery.com romaric.lazerges@allenovery.com kamil.jankielewicz@allenovery.com
Middle East PRC South Korea
Peter Stastny Bimal Desai Roger Lui Matthias Voss
Senior Associate, Bratislava Partner, Dubai Partner, Hong Kong Partner, Seoul
Tel +421 2 5920 2448 Tel +971 4 426 7103 Tel +852 2974 7236 Tel +822 6138 2588
peter.stastny@allenovery.com bimal.desai@allenovery.com roger.lui@allenovery.com matthias.voss@allenovery.com
© Allen & Overy LLP 201811
Japan The Americas Australia
Osamu Ito Ken Rivlin Geoff Simpson Goran Galic
Partner, Tokyo Global Head of Environment, Partner, Perth Partner, Perth
Tel +81 3 6438 5090 New York Tel +61 8 6315 5910 Tel +618 6315 5946
osamu.ito@allenovery.com Tel +1 212 610 6460 geoff.simpson@allenovery.com goran.galic@allenovery.com
ken.rivlin@allenovery.com
“The quality of the work is very high
and they are able and competent lawyers.”
Chambers UK 2016 (Environment)
allenovery.comGLOBAL PRESENCE Allen & Overy is an international legal practice with approximately 5,400 people, including some 554 partners, working in 44 offices worldwide. Allen & Overy LLP or an affiliated undertaking has an office in each of: Abu Dhabi Bucharest (associated office) Ho Chi Minh City Moscow Seoul Amsterdam Budapest Hong Kong Munich Shanghai Antwerp Casablanca Istanbul New York Singapore Bangkok Doha Jakarta (associated office) Paris Sydney Barcelona Dubai Johannesburg Perth Tokyo Beijing Düsseldorf London Prague Warsaw Belfast Frankfurt Luxembourg Riyadh (cooperation office) Washington, D.C. Bratislava Hamburg Madrid Rome Yangon Brussels Hanoi Milan São Paulo Allen & Overy means Allen & Overy LLP and/or its affiliated undertakings. The term partner is used to refer to a member of Allen & Overy LLP or an employee or consultant with equivalent standing and qualifications or an individual with equivalent status in one of Allen & Overy LLP’s affiliated undertakings. © Allen & Overy LLP 2018 I CS1111_CDD-521_ADD-72868 allenovery.com
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