Environment in Scotland
Pinsent Masons LLP
Pinsent Masons LLP has energy, infrastructure, housing and manufacturing sector work at its core and covers the gamut of environmental law, from regulatory matters alongside projects and transactional work to litigation and regulatory enforcement as well as carbon and energy efficiency mandates. Practice head Jennifer Ballantyne has particular expertise in contaminated land, waste management, environmental permitting, minerals and renewable energy work, while Gordon McCreath is well versed in the energy, waste and water sectors, handling contentious and non-contentious matters.
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Testimonials
‘The team has unique experience of projects throughout Scotland that can be brought to bear on your project. They are also very good at integrating with a wider team of consultants and convey the legal implications without the legalese.‘
‘I have found the team more pragmatic than other firms about what “risk” means and how to assess it. This has enabled us to come to a commercial view quicker and reduces the time spent negotiating/ debating enabling us to move forward quickly.‘
Key clients
E.ON
Diamond Transmission Corporation Limited (DTC)
Keepmoat Homes Limited
National Westminster Bank plc
Greencoat Capital LLP
Enva Scotland
Patersons of Greenoakhill
Scottish Environment Protection Agency (SEPA)
Work highlights
- As E.ON’s sole environmental legal advisor in the UK, the team has recently advised the client on environmental incident response, an appeal to the Upper Tier Tribunal of an information notice under Environmental Information Regulations, and on a number of EIA submissions for various renewable energy projects.
- Advised Keepmoat Homes Limited on the allocation of environmental liability in Scottish and English land acquisition transactions.
- Provides regular advice to mineral operators and landowners, such as Kier Minerals Limited, Harworth Estates, Sirius Minerals Plc, Patersons of Greenoakhill and Wemyss 1952 Trust, on a diverse range of environmental matters in connection with quarry and colliery operations.
- Advised a consortium of funders on the environmental and consenting aspects of the financing of a portfolio of 11 hydro projects in Scotland.
- Assisting Enva Scotland with its application to SEPA for End of Waste status for air pollution control residues (APCr) and fly ash to be used in construction products.
Shepherd and Wedderburn
Shepherd and Wedderburn has carved out a strong practice advising national and international project developers on various matters affecting their projects and investments, most notably in the energy sector, where clients also benefit from the team's cooperation with regulators and other shareholders. Equally beneficial for clients is the firm's litigation and energy regulation expertise, which includes judicial reviews and criminal investigations. Alongside its energy sector work, and renewable energy in particular, the team has also been active in the aquaculture and fish farming industries. Other areas of expertise include distilleries, waste, quarries and ports. Patricia Hawthorn heads the practice and specialises in non-contentious planning and environmental consenting, environmental due diligence and environmental compliance and regulatory work.
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Other key lawyers:
Jamie Grant; Scott McCallum; Richard Leslie; Colin Innes; Moray Thomson
Key clients
Acciona Industrial S.A.
Simec Atlantis Energy Limited
Hillhouse Capital Management Limited
SP Transmission plc
Moray Offshore Windfarm (West) Limited
Neart na Gaoithe Offshore Wind Limited
Work highlights
- Advising Acciona Industrial S.A. on the NESS energy project, an energy-to-waste plant in Aberdeenshire, following the client’s appointment to the 20-year contract to design, construct, commission, operate and maintain the facility.
- Advising Simec Atlantis Energy Limited on a power station conversion project, which involves the conversion of the 363MW coal-fired Uskmouth generating station to an approximately 220MW generating station fuelled by pellets.
- Assisted Hillhouse Capital Management Limited with its acquisition of the Loch Lomond Group and associated environmental and planning matters. The group’s assets include distilleries, bottling plants and bonded warehouses within Scotland.
- Acted for SP Transmission plc in planning and environmental matters pertaining to the proposed Crystal Rig 400kV substation extension.
- Advising SP Transmission plc on environmental and consenting matters pertaining to the proposed Kendoon to Tongland 132kV electricity transmission reinforcement project, a development included in Scotland’s National Planning Framework 3 as national development.
Anderson Strathern
The team at Anderson Strathern has a strong profile advising landowners, but its client portfolio also includes operators, funders, commercial developers and public bodies. It covers a a wide range of contentious and non-contentious environmental law with particular expertise in energy, waste, transport and marine-related work. Practice co-head Alastair McKie is a key contact for contentious environmental matters, while co-head Neil Amner has particular expertise in operational consents, waste, water and contaminated land issues.
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Testimonials
‘The team is strong across the board. Despite not being as well known as other notable Scots firms (at least, not south of the border), they have a full-service practice which has been more than capable of meeting my needs – often providing much better value for money in the process.‘
‘Neil Amner is knowledgeable in environmental and transport matters. He is responsive and engaged, with the ability to think outside the box and identify other relevant interests.‘
Key clients
Buccleuch Estates
Dundas Estates
INEOS
The City of Edinburgh Council
Scottish Environment Protection Agency (SEPA)
Livos Energy
Buchan Biogas
Scottish Water
Ross Estates Company
Pow of Inchaffray Drainage Commission
Shetland College / NAFC Marine
The Crown Estate Scotland
Vento Ludens
Hydro Ludens
Loch Lomond and the Trossachs National Park Authority
Edinburgh Airport Limited
Chemring Energetics UK Ltd
Bangley Quarry Biogas Limited (Green Forty Development Limited)
Thöni Industriebetriebe Gmbh
Work highlights
- Advising INEOS on an investment programme in the Grangemouth petrochemical complex, including associated environmental, planning and construction law matters.
- Assisted the Crown Estate Scotland with all legal documentation, including the project financial close, pertaining to the consented Neart Na Gaoithe and the Moray East wind projects off the Scottish coast developed by EDF Renewables and EDPR respectively.
- Advised the Pow of Inchaffray Drainage Commission on securing statutory powers through a Private Bill in the Scottish Parliament to repair and improve a 13-mile drainage ditch in Perthshire.
- Advising the Glasgow Chamber of Commerce on the Circular Glasgow programme, Low Emission Zone and Glasgow Connectivity Commission.
- Advising Bangley Quarry Biogas Limited (Green Forty Development Limited) on all aspects, including environmental consents, of the development of a major biogas Gas to Grid project in East Lothian.
Brodies LLP
Brodies LLP's strength lies in dealing with matters at the intersection of environmental and planning law alongside contaminated land, energy and waste matters. The team is also well placed to provide corporate and commercial support, including assistance with environmental risk assessments and environmental liabilities - both of which are part of practice head Phil Hunter's set of expertise -, alongside environmental permits, lease renewals and regulatory matters. It acts for clients across a range of industries but is best known for its public and energy sector clients, who also benefit from Hunter's experience in environmental warranties and indemnities. Other areas of expertise include compliance and enforcement issues.
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Testimonials
‘Constructive approach aimed at achieving solutions. Very helpful and knowledgeable. Realistic price/quality-offering compared to their competitors, but this business is all about people.‘
‘Their approach is based on experience and “real arguments”. They try to make things work!‘
‘Very competent and experienced team.‘
‘The environment and planning team takes a unique approach to dealing with environmental issues bringing a healthy mixture of innovation and practical implementation.‘
‘Phil Hunter is a skilled, smart and talented environmental lawyer who has his finger on the pulse of environmental law in Scotland. He has been involved heavily in shaping the UKELA responses to Scottish government consultations and has a way of getting things done and cutting to the heart of things.‘
Key clients
Clyde Gateway Developments Limited
Spirit Energy
Scottish Environment Protection Agency (SEPA)
Great Century
Scottish Enterprise
North Lanarkshire Council
Highlands and Islands Enterprise
Abellio ScotRail
Shetland Islands Council
Historic Environment Scotland
Work highlights
- Providing strategic advice to Clyde Gateway Developments Limited on the environmental remediation of contaminated land.
- Acted for a Scottish housing association in defence against a class action by tenants and former tenants relating to exposure to contaminated land.
- Provided a legal opinion to the Scottish Environment Protection Agency (SEPA) on permitted development in relation to the Water Environment Fund.
CMS
CMS has been particularly active dealing with environmental enforcement, environmental impact assessments, waste issues, nuisance claims, PPC permitting and marine consenting work. Senior associate Joanna Waddell is a key contact for the first-mentioned segment. She jointly heads the practice with planning and environment lawyer Robin Hutchison, who is frequently called upon to advise on environmental law matters pertaining to major projects, as well as to carry out environmental due diligence on corporate and real estate transactions. Its national and international client base includes several key players from the waste management, energy, oil, water and chemicals sectors.
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Key clients
Brockwell Energy
Cadent Gas
EDF Energy
EDF Renewables
Epsotech UK Ltd
Equinor
Green Investment Group
KPMG
National Grid
North Lanarkshire Council
Northern Ireland Water
Orkney Islands Council
Red Rock Power
Renfrewshire Council
Repsol Sinopec
Scottish Enterprise
Scottish Water
Sembcorp
SSE plc
Tarmac Trading Limited
The Scottish Salmon Company Limited
Trump International Golf
University of Glasgow
Wind 2 Limited
Work highlights
- Continued advice to the Scottish Salmon Company Limited on environment, planning and regulatory matters.
- Advised long-standing client University of Glasgow on permitting issues under the Pollution Prevention and Control (Scotland) Regulations 2012.
- Advising Epsotech UK Ltd on the implications of odour and noise from its factory on a proposed neighbouring development.
- Advising Orkney Islands Council on the Scottish Government’s proposed designation of a large area of Orkney’s waters as Special Protection Areas under the Wild Birds Directive.
- Advising SSE plc on environmental law matters associated with a number of its projects.
Davidson Chalmers Stewart
With Laura Tainsh in the lead, Davidson Chalmers Stewart's environment practice is particularly rated for its strength in waste management, acting for landfill operators and commercial entities, but it is also well equipped to guide clients from other sectors, including the public sector, through various other environmental and regulatory issues such as permitting, compliance and enforcement. As a noteworthy niche, the team has experience in handling instructions on quarrying operations and the development of former quarry sites.
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Testimonials
‘Very approachable and down to earth – they always advise with a commercial mindset to meet their client’s goals.’
‘Very well connected in the Scottish environmental market, fully engaged in the issues and opportunities facing the waste management sector in particular, and an industry advocate in this regard.’
‘I’ve found the practice to be well versed on all technical matters and details of waste and environmental regulation.’
‘They have a good understanding of the environmental situation relating to legal compliance and how this affects industry.’
‘Straight-talking and not afraid to challenge authorities.’
‘I have established a close working relationship with Laura Tainsh over the years. Not only is she very knowledgeable in her field, she is also a strong ambassador for the wider sector, offering her time and expertise to many different events.’
‘Laura Tainsh has a breadth of knowledge and industry-wide understanding of key issues as well as legal matters, and can provide frank and straightforward advice.’
Key clients
SAICA Natur UK Ltd.
W.H. Malcolm Ltd.
Suez Group
Topolytics
Tartan Leisure Limited
Pelagia UK
Perth and Kinross Council
Brewster Bros. Ltd
Resource Management Association Scotland
The British Millerain Company Limited
Work highlights
- Advising Tartan Leisure Limited on the development of an inland, artificial surf wavegarden with associated leisure and accommodation facilities in an old quarry in West Lothian, including a number of corporate, property, planning, environmental and construction issues.
- Advising the fish products producer Pelagia UK on air emission matters.
- Advised Perth and Kinross Council on the purchase of the commercial recycling arm of an existing commercial entity.
- Advising Topolytics on waste transfer matters arising from the development of electronic tracking of waste.
- Continued advice to the British Millerain Company Limited on environmental matters pertaining to an environmentally sensitive and potentially contaminated site in Dundee.
Dentons
Embedded in the firm's UK-wide environment practice, Dentons' Scotland team is headed by senior associate Pamela Coulthard, who covers the full range of environmental law with a specialism in regulatory issues surrounding oil and gas decommissioning, onshore fracturing, contaminated land and environmental insurance. Lately, the practice has been particularly active in the retail, oil and gas and government sectors but it also handles work for national and international clients from other sectors. Alongside its traditionally strong corporate and real estate support work, the practice has been able to increase its stand-alone work, including instructions pertaining to oil and gas, environmental liability, compliance, producer responsibility, energy efficiency and waste matters.
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Key clients
Amazon EU Sarl
Network Rail Infrastructure Limited
Total S.A
Sports Direct PLC
European Energy Efficiency Fund (EEEF)
Royal Mail Group
The Edrington Group
Lidl Stiftung & Co. KG
Peel L&P Gas and Oil
Highland Distillers Limited
Slip Holdings Pty Ltd
Work highlights
- Advised Amazon EU Sarl on its extended producer responsibility (EPR) obligations and risk analysis across 31 European jurisdictions, and also assisted the client with eco-labelling and evaluating the risk of liability for goods under a trade mark that carries eco-credentials.
- Advised Network Rail Infrastructure Limited on the application of the Energy Performance Certificate (EPC) and the Assessment of Energy Performance (AEP) regimes to its national portfolio of stations and depots.
- Advised Swiss Pillar Investments AG on its acquisition of the landmark and prime office asset Exchange Plaza in Edinburgh from The Lister Property Partnership, the investment arm of the Murray Capital Group, which included various energy efficiency matters.
- Advised long-standing client Highland Distillers Limited (HDL) on the competitive auction sale of Scotland’s oldest working distillery, the Glenturret Distillery, to to Art & Terroir SA, including environmental permitting and environmental liability matters.
- Advised Lidl Stiftung & Co. KG on the possible establishment of a new recycling and deposit return scheme for beverage containers.
MacRoberts LLP
Senior associate Louise Gibson heads up the team at MacRoberts LLP, which has a focus on contaminated land, waste and operational permits, assisting clients across various industries - such as construction, energy, waste management, transport, water and food and drink - with operational and compliance matters alongside environmental-related disputes and regulatory investigations. In energy sector work,the team is particularly well versed in handling matters pertaining to energy from waste businesses and biogas plants.
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Key clients
The Scottish Salmon Company Limited
Scottish Canals
Scottish Government (Scottish Ministers)
Breedon Northern Limited/Breedon Group plc
Douglas Laing & Co.
Energen Biogas Limited
Work highlights
- Advising the Scottish Government (Scottish Ministers) on the impacts of Healthcare Environmental Services Limited (HES) entering into insolvency and associated waste disposal issues.
- Advising a nationwide commercial landlord on waste management licence exemptions breached by the client’s tenant.
- Defending Renewi/ Energen in Court of Session proceedings pertaining to contaminated land.
- Advising Scottish Canals on historic surface water and waste water discharges into its canals across its network of canals in Scotland.
- Advised Douglas Laing & Co. on its acquisition of Strathearn Distillery, including associated environmental and real estate matters.
Harper Macleod LLP
Harper Macleod LLP's strength lies in dealing with planning-related environmental law matters, which are frequently contentious in nature and often pertain to controversial developments across Scotland. This part of the practice is led by Jennifer Jack, whereas team co-head Peter Ferguson focuses on non-contentious work and is well versed in representing public sector clients in public planning inquiries. The team also works in close conjunction with its energy, real estate, banking and corporate groups, resulting in a steady stream of instructions at these intersections.
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Key clients
Scottish Natural Heritage
Historic Environment Scotland
Cairngorms National Park Authority
Dumfries and Galloway Council
Moray Council No
The City of Edinburgh Council
Marine Scotland
Glasgow City Council
Scottish Forestry
Royal Zoological Society of Scotland (RZSS)
Fred. Olsen Renewables
Energiekontor
Hillhouse Quarry Group
University of St Andrews
Lairg Wind Farm Limited
Greenpeace
Work highlights
- Represented Scottish Natural Heritage (SNH) in a public local inquiry for the proposed Coul Links golf course, which raised issues of national and international environmental importance.
- Representing Greenpeace UK, Greenpeace International and Greenpeace Netherlands in their defence of actions for interdict brought in the Court of Session by Shell, BP and Transocean Drilling following protests on oil rigs. The cases raise important principles regarding the balance between rights to freedom of expression and protest in the context of the climate emergency, against the property rights of the oil companies.
- Successfully represented Scottish Forestry (previously Forestry Commission Scotland) in an appeal under the Environmental Impact Assessment (Scotland) Regulations 2017 following an unauthorised deforestation operation at Carrbridge, within the Cairngorms National Park.
- Advising Royal Zoological Society of Scotland (RZSS) on animal welfare matters pertaining to a proposed dualling of the A9 trunk road, and representing the client in an objection to this project.