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With the main goal of the EU being to cut CO2 emissions in order to become carbon neutral by 2050, offshore represents valuable “available space” for the development of clean energy projects. While in some cases offshore is already a crowded place, other offshore locations are still free of significant energy infrastructure. Therefore, planning ahead is more important than ever ...

If you are the owner of an ageing wind, hydro or solar installation that receives Feed in Tariffs (FiTs), you may be considering replacing part or all of the generating equipment to upgrade your installation. "Will repairing or replacing the generating equipment affect my accreditation?" This is something we are being asked increasingly often and, frustratingly, the FiT Legislation and Guidance is inconclusive on this point. But not for much longer ...

Kudun and Partners | August 2020

Thailand’s two-decade long growth of the renewable energy sector has been pivotal in the pursuit of Thailand 4.0, but has the coronavirus outbreak thwarted these plans? COVID-19 has forced many of the world’s most exciting economies into a full or partial shutdown, suspending their plans for development. Thailand is no exception ...

The 2011 Regular Session of the West Virginia Legislature began and progressed in the midst of a frenzy of media attention focused on natural gas production activities in the Marcellus Shale formation and allegations of inadequate regulatory programs to assure proper State oversight of these operations ...

Shoosmiths LLP | May 2023

Why is ESG of importance to charities when they already make such a positive difference to society? Because there is still much to be done about how charities undertake their valuable work, and many do not yet communicate to stakeholders all the things they do well, in a systematic and measurable way. And because two thirds of millennials consider the social and environmental commitments of an organisation when deciding where to work ...

Lavery Lawyers | January 2008

On September 27, 2007, Mr. Justice Jean-Guy Dubois of the Superior Court rendered a judgment interpreting the definition of the word “insured” in an insurance policy, more particularly as regards the exclusion of damages caused to a [Translation] “person living under the same roof ”.(1)The facts:  The parents of plaintiff Hugo Bérard divorced in 2000. Nathalie Gravel, his mother, who was also a plaintiff, had custody ...

DORDA | March 2020

Insurance companies ensure uncertain risks of individuals that may arise in the future and cover such risks with the premiums of the insured community. Once the risk has already occurred or is about to occur immediately and one does not have taken out insurance already, it is not possible to get insurance cover anymore ...

Shoosmiths LLP | December 2021

Taking agricultural land out of production to offset the impact of nitrate pollution from housing can generate income for its owner and benefit developers and local authorities. The problem Nitrogen and Phosphorus are essential nutrients for plants. Used as fertilisers they boost growth and increase crop yields. They are also a pollutant ...

Over the course of a century of oil and gas development in the U.S., a robust body of law developed, covering virtually every aspect of E&P and interpreting every provision in oil and gas leases, joint operating agreements and innumerable industry contracts. But with the rise of the energy transition, a new set of rules are needed to deal with unprecedented policy, new technology and different priorities ...

Lavery Lawyers | January 2005

On May 14, 2004, the Superior Court rendered judgment in Landry vs. L’Union Vie, Compagnie mutuelle d’assurance1 and allowed the action of the Plaintiff, Ms. Lucie Landry, in which she claimed $50,000 in insurance proceeds following the death of her brother on October 26, 2000, pursuant to a life insurance policy issued by Union Life on July 28, 2000. The case is currently under appeal. The Facts On July 28, 2000, Union Life Mutual Assurance Co ...

Delphi | June 2012

The Supreme Court makes clear that a party that has started to clean up contamination caused by another party is also deemed to be a business operator. This gives rise to joint and several liability for the original contamination. The fact that remedial work was intended to reduce the environmental impact is of no importance. Background A company which was later incorporated into JM Värmdöstrand (“JM”) operated a casting works from the 1940s to the 1980s on a site in Oxelösund ...

Hunton Andrews Kurth LLP | January 2013

If you have ever had a project on land on which wetlands or other “waters of the U.S.” were present, you know that project was more expensive because of the costs of permitting and mitigation for wetland losses, or the presence of wetlands may have resulted in abandonment or significant revision of the project to minimize losses of wetlands or other waters of the U.S. In their prior two “waters of the U.S.” decisions, Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, 531 U ...

Hunton Andrews Kurth LLP | February 2014

The underwriters have priced the deal. The underwriting agreement has been signed. The issuer has returned its focus to running its business and the underwriters have moved on to the next deal. All that is left is for the lawyers to document the terms and to ensure that the underwriters are in a position to move money at closing. Then, a day or two after pricing, the plant unexpectedly blows up ...

Lavery Lawyers | July 2012

In a unanimous decision rendered on June 22nd , the Supreme Court of Canada confirms the principles previously established by the Court of Appeal: Quebec’s Automobile Insurance Act1 (“Act”) must be given a large and liberal interpretation. In this case, the Court confirms that the mere use of a vehicle as a means of transportation will be sufficient for the Act to apply even if the vehicle is not the cause of the accident ...

Shoosmiths LLP | July 2023

UK REACH (Registration, Authorisation, Evaluation and Restriction of Chemicals) is the UK’s post-Brexit chemicals regulatory framework for the Great Britain (GB) market. It is regulated by the Health and Safety Executive (HSE) and has the overall aim of ensuring the protection of human health and the environment from the use of chemicals. UK REACH places responsibility for understanding and managing the risks associated with the use of chemicals on those who place them on the market (i.e ...

ENSafrica | April 2016

On 15 April 2016, the Minister of Mineral Resources, Mosebenzi Zwane (the “Minister”), unexpectedly published the draft Reviewed Broad Based Black-Economic Empowerment Charter for the South African Mining and Minerals Industry, 2016 (“draft reviewed Mining Charter”). The timing of its publication means that the fate of the Chamber of Mines’ current High Court application now hangs in the balance ...

ENSafrica | June 2017

The Minister of Mineral Resources, Mosebenzi Zwane (the “Minister”) recently gazetted the Broad-Based Black Socio-Economic Empowerment Charter for the South African Mining and Minerals industry, 2017 (the “2017 Mining Charter”), which comes into effect on the date of publication ...

Simonsen Vogt Wiig AS | December 2021

1. Introduction Equinor’s pioneering «Hywind Tampen» project, set to become the biggest floating wind farm in the world and scheduled to commence construction in late 2022, will mark the first foray into offshore wind production in Norway. Further, the areas «Utsira Nord» (floating turbines) and «Sørlige Nordsjø II» (bottom fixed turbines), both in the North Sea, have as from 1 January 2021 been opened for development ...

Shoosmiths LLP | October 2022

Separate ownership of mines and minerals poses a risk for developers that must be assessed and mitigated as appropriate. The basic rule of property ownership is that the owner of land owns up to the heavens and down to the centre of the earth. Following this common law presumption, mines and minerals are presumed to be owned by the surface landowner, unless it is shown that they have been severed and therefore in separate ownership ...

AELEX | November 2006

Dramatic changes in global climate have helped to wake up the consciousness of States on the significance of environmental issues in the last fourty years. Before then countries focused their energies on relentless industrial development with little or no attention to its impact on the environment. Scientific evidence has shown that unbridled development leads to loss of environmental capital, sometimes an irreversible phenomenon ...

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