Environment
Environmental Integrity, Business Success
Environmental performance requires serious investment and careful attention. Environmental, health and safety requirements affect local operations and global business strategies. At the same time, a growing body of international, regional and national laws and agreements has given rise to new environmental concerns, including increased liability for land contamination, take-back requirements for electronic devices, access to water and water rights, climate change and emissions trading.
The challenge is to keep up, ensure compliance and maintain profitability. Getting the balance right is not easy. And there are social, economic and reputational implications for whatever you do.
At Baker & McKenzie, we understand what you are up against. Our seasoned lawyers – some with notable government backgrounds – offer valuable insights from having advised countries and international bodies on environmental policies and standards. We help multinational and domestic companies, developers, contractors, investors and financial institutions effectively respond to the dynamic risks - and opportunities - of environmental law and regulation.
How We Can Help
- Compliance – Our lawyers advise on regulatory requirements for environmental, health and safety matters such as obtaining, complying with, and challenging permits and licenses, and meeting both local and international performance and liability standards. We also advise owners and operators of industrial plants on all aspects of day-to-day compliance issues.
- Contamination – Our lawyers are very experienced in the handling of contaminated sites, including contaminated land, waters and buildings (e.g., asbestos, lead and PCBs). We represent clients with a view to effectively limit legal and financial exposure in connection with clean-up liabilities. We have a track record in developing, together with technical experts, practical solutions.
- Implementation – We advise on the implementation of new government programs with potentially significant impacts on business, such as the ban on hazardous substances in electrical and electronic equipment (RoHS) and the new European chemicals regime (REACH). Our international network and close knowledge of the respective regulatory environments of all relevant markets enables us to provide tailor made solutions for clients.
- Corporate management – We assist clients in developing environmental management systems and policies, participate in environmental audits, undertake investigations into suspected violations, and develop country-specific environmental, health and safety law surveys to help clients ensure compliance, assess and manage liability risk and contribute to corporate strategic planning.
- Enforcement and litigation – We have frequently acted in complex environmental and toxic tort lawsuits throughout the world, including defense of government and private environmental actions, regulatory rulemaking and compliance lawsuits, permit appeals, cross-border disputes and criminal actions, achieving commercially realistic and cost-effective solutions in litigation and contested administrative proceedings.
- Transactions – We counsel buyers, sellers, lessors, lessees, borrowers and lending institutions on the environmental ramifications of acquisitions and sales, securities matters, mergers and joint ventures, financings, foreclosures and other transactions, including disclosure obligations.
- Policy development and negotiations – Our lawyers are widely respected for their work helping governments and international bodies draft and negotiate environmental, health and safety laws.
- Climate change and emissions trading – We are global leaders in advising on all aspects of climate change laws and regulations at the international, regional and local level, having assisted many governments on drafting such regulatory frameworks. We represent clients involved in cross-border carbon trading deals and carbon investments on a daily basis.
- Renewable energy – Our global team of lawyers advises on all aspects of renewable energy, including regulatory advice, project development, financing, support agreements, certifications, grid connections, taxes, credits and acquisitions. We have also worked on government programs for solar, wind and water power projects as well as biofuel (ethanol and biodiesel) projects.
- Sustainability – We assist our clients in defining what sustainability means to them, taking into consideration the international engagement they have undersigned (Equator Principles, GRI, ISO, among others) and advise on the legal consequences of local and international sustainability initiatives and legislation on their business, their economic activities and their private contracts.
- Harbor and environment – We advise port authorities and private clients on the impact of habitat protection legislation on harbor activities and port operations.
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