Corporate Industrial Risk
Major corporate liability review in chemicals sector
Framed a complex chemicals contamination liability assessment and site exit strategy, for a global industry operator, unraveling a web of current and future legislative and case law impacts and contractual indemnities in order to provide a clear road map for avoiding material business risk on a 10-20 year timeframe. This job involved a thorough understanding of the application of UK and EU contamination law to a set of multi-purpose fine chemicals and petrochemicals sites across several hectares and the forensic deconstruction of existing overlapping contracts and application of new contractual structures
Submission on behalf of industry to European Commission on UK breach of EU Industrial Emissions Directive
Prepared the legal submissions to European Commission, in conjunction with industrial trade body, UK Oil Recycling Association, to procure threat of EU action against UK government in order to force a change in English regulatory guidance and practice as regards a specific aspect of interpretation by government of the waste incineration chapters of the 2010 Industrial Emissions Directive. The successful challenge was required in order to remove an illegal derogation from the Directive given by the Government to suppliers and users of certain combustion equipment that was placing the Association and its members at a severe competitive disadvantage. Resulted in the appropriate change to English regulatory guidance and practice.
High Court submission on behalf of industry on UK breach of EU Industrial Emissions Directive
Drafted detailed submissions in respect of illegal derogation from Industrial Emissions Directive for adaptation by senior Counsel in High Court challenge of UK Government concurrent with legal submissions to European Commission. Acted for industrial trade body, UK Oil Recycling Association lead by one of its core members, Protreat, as part of a concurrent strategy of High Court action and formal complaint to the EU to compel the necessary change to English regulatory guidance and practice.
Governmental and regulatory negotiations under EU Technical Standards Directive
Led negotiations with, and framing submissions to, the UK Government and Environment Agency on behalf of then leading UK waste oils recycling company, OSS Group, in easing the regulatory pathway on various specialist developments in client fuel product lines, in the context of developments at EU level under the Technical Standards Directive
Drafting assistance on EU environmental compliance section of global corporate risk report
Advised global cement manufacturer in relation to the corporation’s annual reporting of corporate environmental risk, providing the content and related legal advice for the European section of the global report, covering assets in several EU member states by reference to overarching EU laws on environmental emissions, air, land and water pollution, damages for environmental harm and waste, completed in a two-week deadline
Legal submissions for lobbying of UK Government and European Commission on taxation on recycled fuels
Advised international quarrying and lime corporation, Lhoist Group, on several EU Directives and drafted submissions on their behalf before the UK Government and the European Commission in relation to the use by them of fuels processed from waste oils and solvents, and the taxation applied to these at EU and UK levels
Trans-frontier corporate review and strategic advice on EU REACH (Chemicals) Regulation
Conducted review for offshore oil services operator, TWMA Group, of legal position in two EU member states under EU REACH (Chemicals) Regulation, with specific focus on practical interplay between EU waste law and the REACH Regulation applied to recovered fuel oils from treatment of offshore drilling wastes
Submissions to European Commission on application of EU Waste laws in UK steel sector
Successfully petitioned the European Commission on behalf of UK’s then leading waste oils processor, OSS Group, to have UK Government change its legal position on a question of EU waste law, as applied to the steel sector, for the commercial benefit of client, involving a highly technical application of the Waste Framework Directive and the Waste Incineration Directive and close liaison with international combustion consultants.
Submissions to UK Government on application of EU waste hierarchy in cross-over between waste oils sector and steel sector
Acted for Hull-based oil refinery, Re-Group Refining, in securing regulatory position with UK Government in relation to the disposal by third parties of waste oils and recovered fuel oils into blast furnaces and coke ovens of UK steel plants, which practice caused competitive disadvantage and feedstock supply issues to client. Framing successful submissions to UK authorities based on multiple EU law arguments, including early deployment of ‘waste hierarchy’ arguments and case based around EU Industrial Emissions Directive
Drafting of bespoke in-house commercial contract templates for supply of recycled fuel products from hazardous waste oils
Drafted a set of in-house contract templates (precedents) for processor of waste oils and supplier of recycled fuel products, OSS Group, in shape of bespoke ‘Waste to Fuel’ Manufacturing and Supply Contracts for waste oils processor manufacturing and supplying processed waste oils as replacement fuels for refinery fuels in various industrial applications, with bespoke drafting on product definition, product liability and risk allocation
Advice on import into UK of chemicals under EU REACH Regulation
Advising regeneration company, Clyde Gateway Regeneration, on the procurement, import, testing and application in the UK of a chemical remediation product manufactured in Far East designed to convert highly toxic and mobile Chromium VI into less toxic and mobile Chromium III, including detailed advice on importation and authorisation requirements of the EU REACH (Chemicals) Regulation, and contractual procurement of its supply and on-site use.
Advice on use of recycled steel in construction under EU Construction Products Regulation
Advised real estate development company, Derwent Estates, in respect of legal regimes and practical steps required for, and limitations applying to, the recycling of steelwork under EU Construction Products Regulation
Advice on international shipments of recovered waste oils and fuels
Advised major UK processor and distributor, Re-Group Refining, on rights and obligations as regards international shipment of recovered waste oils, and framed successful submissions to Dutch authorities pursuant to EU Waste Shipment Regulation
Strategic review of EU and UK air emissions regulation in power sector
Provided a strategic review for REG BioPower on key current and future legislative drivers under EU and UK emissions legislation affecting ‘fuel choice’ decision-making in the field of liquid renewable fuels in electricity generation
Specialist bespoke contract drafting for new chemicals plant
Drafted bespoke chemical manufacturing plant design contract, on behalf of global agri-chemicals corporation, in respect of a new-build plant, reviewing also legislative drivers affecting future operations. Lead contractual negotiations and drafting for client, adapting to bespoke needs the Institute of Chemical Engineering standard form of industrial design contract
Technology transfer negotiations and contract drafting in oils and solvents sector
Led negotiations and technical contractual drafting for OSS Group in technology transfer between German IP owners and UK industrial waste oils processor to secure necessary trade know-how to develop a successful ‘end of waste’ result for a new generation of substitute industrial heating fuels derived from hazardous waste oils and solvents.
Strategic advice on EU and international regulation in offshore oil and gas sector
Provided global oil company Marathon Oil with strategic advice on future EU and international legal drivers affecting the offshore oil and gas exploration sector, key deliverable being ‘liability risk matrix’ to demonstrate how various parts of the operations, current and projected, might be affected by current and future EU environmental law, including supporting representations to the European Commission on the direction of EU regulation affecting the company operations in the North Sea.
Interpretative advice on EU renewable energy directives
Advised REG BioPower on the interpretation of new EU law on renewable energy and waste and made detailed submissions to and conducted negotiations with the UK Government on future guarantees for financial incentives for the production of heat and power from waste-derived bioliquids
Drafting of bespoke in-house commercial contract templates for offshore waste management
Drafted in-house precedents for offshore services supplier, Scomi Oilfield Services Group in shape of operational hazardous waste handling contracts for offshore drilling wastes operator– involved root and branch overhaul of the contracting basis of the commercial operation, with specific focus on updated drafting required to meet the demands of existing and impending EU and international law regulating dealings with offshore drilling wastes and the onshore demands of waste treatment and disposal legislation and case law.
Advice on practical application of EU trans-frontier shipment laws in mining sector
Advised specialist metals and hazardous waste recovery company, JBMI Group, in respect of UK and EU trans-frontier shipment law and regulatory forms and practice for sale of various hazardous wastes for use as stabilisation materials in deep German salt mines.
Framing defences in High Court challenge against UK waste oils and solvents recycling plant
Represented Birmingham-based waste oils and solvents recycler and lube oil refinery, Midland Oil Refinery, in judicial review proceedings against Environment Agency in response to attempted shutdown of the plant, ultimately successful in securing objective out of court.
Legislative drafting submissions to UK Government in power sector
Drafted on behalf of REG BioPower proposed legislative changes to the Environmental Permitting Regulations as part of wider submissions to the UK Government on behalf of waste to energy and renewables client in respect of changes required in order to encourage, and provide a legislative level playing field in the permitting sphere for Energy from Waste plants
Strategic international/EU/UK law review for offshore oils services operations
Conducted a strategic review to ‘future-proof’ within a 10-year projection corporate regulatory and expansion strategy of global oilfield services provider, Scomi Oilfield Services Group, examining in depth key industrial impacts of current and future EU and UK law on their offshore operations, including EU Carbon Capture and Storage Directive, Marine Strategy Framework Directive and the other main waste, climate change, and emissions Directives.
Regulatory advice and support in clinical waste sector
Advised major UK provider of NHS clinical waste management services, Healthcare Environmental, on several regulatory issues affecting existing and proposed new clinical waste processing plants, including critical issues of regulatory interpretation of EU and UK permitting regimes and technical guidance on clinical waste management
Waste Handling Contracts in organic waste recycling sector
Acted for UK recycling operator, 4R Group in revision and negotiation of Waste Handling Contracts for organic waste streams from PFI operators in Wales and south of England.
Advising landlord in tenancy waste stockpile legacy crisis
Advised the client of a major national law firm needing out-sourced specialist advice in relation to a landlord client with a stockpile of wastes left by an insolvent tenant, advising on all aspects of removal, trans-frontier shipment within the EU and related contractual arrangements, all to keep client free from liability under English law and EU waste shipment law
Advisory role under EU REACH Chemicals Regulation – importation into EU of chemical used in contaminated land remediation
Advising major city centre redevelopment consortium, Clyde Gateway Developments, of all procedural and contractual requirements under the EU REACH Chemicals Regulation attending the proposed importation for first time into EU, via UK, from Far East of a new chemical designed to remediation hexavalent chromium in soils and groundwater