Overview

Environmental risk management is often an important aspect of many corporate, banking and property transactions. We provide expert advice on how to identify, minimise and manage environmental risks both through the contractual process but also post transaction.

Whether you need help with complex drafting and negotiations on a transaction, or you need to obtain a specialist environmental audit or report, our environmental risk management experts can assist. We also have experience of procuring unique insurance products and policies to facilitate deals. We specialise in transactions resulting from our work on environmental, renewables and nuclear matters.

Drawing on expertise from our acclaimed environment team – and from sector specialists throughout the firm – we build our service entirely around the client. We have worked with various high profile clients on a range of transactions, including business acquisitions, real estate purchases and the trading of goods and services.

Areas of focus

Our environmental risk management expertise includes the following:

  • Drafting and negotiating environmental warranties and indemnities.
  • Obtaining instructions and interpreting specialist environmental audits and reports.
  • Negotiating unique insurance products and policies.
  • Acquisition of contaminated land.
  • Advice on change of control and transfer of environmental permits.
  • Drafting and negotiating remediation contracts or conditions.
  • Environmental liability and insolvency advice.
Experience

Advising the former operator of a coal fired power station in relation to the appointment of environmental consultants, the surrender of environmental permits, waste management, trading of water rights, asbestos management and the remediation of the site for redevelopment, including advising on the procurement of a site wide environmental insurance policy to secure a ‘clean break’ for the client.

Advising a major multinational drinks manufacturer on the environmental issues arising out of its purchase of a long lease of a new bottling and distribution centre, including significant contaminated land liabilities and the legal aspects of an innovative environmental insurance policy.

Advising a major real estate investor on the acquisition of a major brownfield site involving remediation conditions and indemnities to be redeveloped into residential housing.

Advising administrators on the restructuring of a major paper business with multiple production sites.

Advising a substantial chemicals company on acquisition of phosphates business including significant environmental issues, extensive due diligence, use of environmental consultants and negotiation of comprehensive environmental warranties.

Advising an international chemicals company on its acquisition of speciality chemicals business with operational sites in the UK and other jurisdictions, which involved co-ordination of PPC applications and negotiation of other issues such as climate change and emissions trading.

Advising on REACH and historic producer responsibility non-compliance by a company which is the subject of acquisition.

Advising The Crown Estate on the purchase of a heavily contaminated site, which involved co-ordination of extensive environmental due diligence, including flood risk assessments and negotiation of relevant contractual protections.

Meet the team
Ian Truman

Ian Truman Partner

  • Nuclear
  • Projects
  • Environment
Ross Fairley

Ross Fairley Partner

  • Energy and Utilities
  • Head of Renewable Energy
  • Environment
Michael Barlow

Michael Barlow Partner

  • Head of Environment
  • Head of Water
  • Head of ESG
Cheryl Parkhouse

Cheryl Parkhouse Senior Associate

  • Nuclear 
  • Projects
  • Public Sector
Joanne Attwood

Joanne Attwood Consultant

  • Head of Licensing
  • Environment
  • Water
James Phillips

James Phillips Partner

  • Head of Energy & Utilities
  • Head of Energy Transition
  • Energy Regulation
Ian Salter

Ian Salter Partner

  • Head of Nuclear
  • Head of Projects
  • Environment

What others say...

Burges Salmon's environmental team are well known for expertise across a wide range of environmental sectors: nuisance, industrial pollution, environmental regulation, planning, environmental assessment.

Legal 500 2024

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