For many businesses environmental and regulatory compliance issues are now part of everyday life regardless of whether or not the are engaged in hazardous activities.
Similarly, developments in the arena of climate change continue to raise new challenges for the business community.
Regulatory demands, continue to grow in response to increasingly international environmental, human rights and trade concerns and present more and more compliance issues affecting processes, procedures, supply chain and products, as well as liability issues in business transactions.
To steer successfully through this regulatory jungle requires specialist expertise and environmental work is a major strength of Clarkslegal.
Our specialist expertise in the environmental and cleantech sectors has enabled us to be involved in a number of interesting matters.
Our expertise covers major capital works from project inception through to the end of a building’s lifecycle. We advise on policy, project structuring, tendering, construction, financing and operating issues, together with preparation of all necessary project documentation.
We also act for many national industry trade associations and their members and our representation on boards of some of these organisations helps us to keep abreast of industry developments that we can reflect in our advice.
Our dispute resolution team has broad experience of working on environment-related claims, including claims for nuisance. One current example is ongoing advice to a large landowner on dealing with and minimising the risk of environment-related nuisance claims anticipated as a result of a substantial development.
We have experience in advising clients on environmental and planning enforcement and prosecutions, including abatement notices.
We have advised a client in connection with an investigation by the Environment Agency into the storing and authorisation of closed sources of ionising radiation.
In the context of various property transactions, and in relation to project work, environmental due diligence plays a key role in ensuring transactions are completed efficiently in a firmly and thorough manner. Every transaction we undertake has an environmental impact and we routinely obtain environmental searches on all matters. We have considerable expertise in advising clients of all sizes in respect of the need for a desktop search as well as the carrying out of intrusive investigations and if necessary the need to obtain environmental insurance.
Our expertise includes IP licensing and portfolio management, technology transfer issues, advising on IP in relation to mergers and freedom of information issues, including the storage of data in the cloud and data transfer, social networking and other policies, mobile apps and collaborative projects. We are also assisting clients in their IP creation and assignment for EU Social Funded Projects.
In addition, we regularly advise on IP issues arising on technology transfer, spin out companies, licensing, audits/strategies and infringement/enforcement. Given the importance of data management and protection today, we are increasingly helping clients with Non-Disclosure Agreements and the protection of confidential information.
We advise on and negotiate major strategic alliancing contracts for long-term regeneration projects and sustainable development which involve major housing association groups, the university sector, local authorities, developers and other stakeholders, and which require construction contract packages that incorporate complex financial models, land transactions and termination provisions for programmes covering multiple sites.
We are particularly experienced in advising clients with large and varied operational and investment property portfolios. Our team is capable of taking on large and sophisticated development projects, where we handle everything from site acquisition and procurement onwards.
We offer cutting-edge expertise in energy efficiency, sustainable procurement, renewable energy projects and modern construction methods, taking into account energy efficiency and climate change legislation.
We deal with issues of contaminated land in the context of the detailed property work we undertake. Every transaction has an environmental impact and we routinely obtain environmental searches on all matters. Where appropriate we obtain insurance for the client in relation to contaminated land issues before proceeding with the sale or purchase.
We have one of the leading national practices in waste management projects and procurement. We are highly experienced at setting up large-scale PPP/PFI partnerships and joint ventures and have handled some of the largest procurements in this area nationally including R&D schemes, renewable energy projects and landfill diversion. For example, we are currently acting on one of the largest integrated waste management procurements ever conducted in Wales and due to our involvement in this project, have been asked to assist the Welsh Government in the drafting of standard contract documentation to be used throughout Wales.
Through our training with the Chartered Institution of Wastes Management (CIWM), we have prepared a standard contract for lower value wastes services where PFI is not required. This has been adopted by local authorities as a core precedent for waste and bespoke contracts across Wales and England. We continue to deliver training on the procurement and use of waste contracts on behalf of the CIWM.
We advise public and private sector clients, including funding bodies, on all aspects of waste to energy sites. This often involves the acquisition and redevelopment of brownfield sites, negotiation of agreements for plant treatment, electricity generation, the selling of electricity, project design and build, and plant operation and maintenance. We also advise on the construction and planning aspects (including s.278 agreements and construction contract documentation) of new build developments for integrated anaerobic and aerobic digestion and biogas handling and conditioning facilities.
We often provide strategic advice in connection with funding options and joint venture structures, as well as recommending the appropriate forms of contract including NEC, FIDIC and IChemE forms.
For further information you can contact the team using our enquiry form, by email or by telephone on 0118 958 5321