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03 June 2008

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  • Corporate, commercial and banking:  Environmental matters are of great importance in many corporate transactions, requiring consideration from the outset.  The practice offers a flexible, often innovative, approach while not losing sight of the commercial realities of the deal.  Our experience in acting for a range of parties including banks, venture capitalists, management buy-out teams and vendors enables us to advise on all environmental and health and safety issues from the appropriate perspectives.

  • Property, planning, engineering and building:  In many respects environmental law has grown out of property and planning law.  Lovells has substantial property, planning, engineering and building groups.  We have advised on many property projects where the implications of contaminated land and asbestos within buildings have been addressed.

  • Regulatory: We deal with regulatory issues such as applications for planning, IPPC, water, waste and other permits as well as providing advice in respect of compliance systems and regulatory action.  We also have tax specialists who advise on environmental tax.

  • Health and safety: Employers have statutory duties to keep their premises and systems of work safe.  We represent clients in regulatory, corporate, criminal and civil proceedings and investigations in respect of the whole range of health and safety matters including asbestos management and exposure issues, noise, legionella, fire safety, the use of hazardous substances and workplace accidents and fatalities.

  • Commercial litigation and alternative dispute resolution:  Lovells has one of the leading international commercial litigation practices, and has acted in many complex environmental cases both civil and criminal.  We represent both plaintiffs and defendants, and have successfully defended multinational companies against proceedings by Government agencies in respect of matters such as water pollution, waste, radiation and noise.  We are accustomed to working closely with experts from a range of disciplines.  We are also at the forefront of developments in alternative dispute resolution (ADR).

  • Trade and competition:  Our specialist trade team advises on issues such as eco-labelling and environmental marketing, packaging, environmental reporting and auditing product liability. Expertise can also be offered on matters such as the commercial implications of specific legislation such as the Waste Electrical and Electronic Equipment Directive and the proposed Batteries Directive.

  • Claims and reinsurance:
    • Claims arising out of environmental issues such as contamination and asbestos have had a major impact on the insurance and reinsurance industry.  Our expertise extends to advising on these types of claims, and on coverage disputes.

    We also draft and advise on specialist environmental policy wordings and, through our Chicago and New York offices, we have considerable knowledge of the US environmental insurance and reinsurance industry.

  • Corporate recovery,insolvency and restructuring:  Some environmental incidents, for example spillages or fires, require a rapid response.  Increasing public concern for the environment combined with an intolerance of poor environmental performance make an effective and co-ordinated response all the more important.

    The practice has considerable experience in this area, and can provide prompt and practical advice in crisis situations.   This may cover litigation measures, the avoidance of business interruption, and communications with enforcement agencies, insurers and the media.  We also advise companies on the setting up of response procedures, such as information sharing, reporting, and investigation of incidents.

  • Public Affairs:  For many businesses it is vital to be aware of, and plan for, new environmental lawsIn conjunction with our public affairs group, we advise on the likely impact of proposed legislation (both UK and EU).  It is often more cost effective to assist in the formulation of laws and regulations than to wait for them to be implemented. We can assist in influencing the content of the proposed legislation by helping clients to present their views to decision-makers, and where necessary drafting amendments to proposed legislation.