Green Guide Profile: Eversheds Sutherland

Slovakia

In Slovakia, Eversheds Sutherland, advokátní kancelár, s.r.o. stands out for its focus on environmental law and waste management. The team also displays significant expertise in the renewable energy sector, routinely advising on complex renewable energy projects including solar and wind.

In the latter area, it recently assisted BIA Plastic and Plating Technology Slovakia with its goal of achieving carbon neutrality in 2026 by advising on the construction and operation of a large solar power plant on the roof of an existing facility (1.6 MW), as well as on the construction and operation of a 5MW wind power plant.

In a similar project, the team provided legal advice to Letisko Košice, the city’s international airport, on the construction of a photovoltaic plant on the roofs and vacant areas of Košice Airport, in order to accelerate CO2 neutrality.

For Austrian waste management company ecorec Österreich, the team recently handled the entire waste management and energy recovery process, advising on waste shipments as substitute fuel for energy recovery for cement plants in Slovakia operated by Danucem Slovensko (CRH Group).

The Slovak team also participates in several sustainability and environmental events and conferences, such as the Waste 2023 conference, where environmental law expert and a regular author on renewable energy, Annamária Tóthová, held a presentation on environmental impact assessment and IPPC construction permits under the new building regulations.

Globally, the firm is a founding member of the Net Zero Lawyers Alliance and an executive member of the Legal Sustainability Alliance.

Poland

Eversheds Sutherland Poland has a significant focus on renewable energy projects, particularly in the photovoltaic sector. The firm, which recently established an ESG practice, also continues to advise on environmental protection, sustainable development, and sustainable investments, including green bonds and green loans.

In two recent projects, the team assisted BayernLB with financing the construction of photovoltaic plant portfolios of 157MW and 176 MW respectively. For Sequoia Investment Management Company, which specialises in infrastructure debt management, it advised on a financing agreement with renewable energy company Green Genius for the development of 66 MW photovoltaic plants in Poland.

Internally, the firm is a member of the Polish Sustainability Education Programme (SEG), in addition to supporting the ‘5 Fractions Coalition’, Poland’s first cross-sectoral initiative to address the issue of raw materials’ collection in a more holistic manner.

Sustainable finance and sustainable investments expert Piotr Kowalik is a member of the SEG Sustainability Committee and an external expert of the Climate Leadership Programme run by UNEP/GRID-Warszawa, an organisation associated with the United Nations Environment Programme.

Czech Republic

In the Czech Republic, Eversheds Sutherland Dvorák Hager, advokátní kancelár, s.r.o.’s energy and environment team assists clients with a range of environmental law and energy regulatory and contractual issues. Alongside its expertise in the waste management field, where it advises on waste-to-energy projects and on the treatment, recycling and disposal of waste, the team displays significant expertise in the construction of power generating facilities, including solar power stations, wind parks, and biomass incinerators.

In the renewables space, in an ongoing matter, the team is acting for WEB Windenergie on the permitting process related to the construction of a wind park of 11 wind turbines in the Horni Rasnici village. Another client is Windkraft Simonsfeld, for which the firm is handling the construction process of a transborder power supply line which will connect a Czech photovoltaic power plant with an Austrian factory.

In the waste management area, a current highlight concerns the legal advice provided to Kámen a písek, one of the largest mining companies in the South Bohemian region, regarding the import, reuse and application of steel sludge from Austria. The team is assessing the legal framework for the shipment of waste, the treatment of sludge in the Czech Republic and its use as a construction material.

Globally, the firm is a member of several groups which promote and share best practices in relation to environmental impact, including the Net Zero Lawyers Alliance (NZLA), the Legal Sustainability Alliance (LSA), and the Legal Renewables Initiative (LRI).

Germany

Eversheds Sutherland’s German offices in Berlin, Düsseldorf, Frankfurt, Hamburg and Munich are fully equipped to advise clients on the whole range of green transition and sustainability issues, with a focus on renewable energy and environmental law, where the team advises on green energy transactions and infrastructure projects.

In the latter segment, a team including clean energy expert Martin Weitenberg is assisting Q ENERGY Europe in one of the largest commercial solar project transactions in the domestic photovoltaic market, which involves the development of a framework agreement for the construction of a 500 MW photovoltaic plant in Germany.

In another recently completed highlight, the firm acted for The Renewables Infrastructure Group (TRIG) in acquiring an additional stake in the 386 MW Merkur offshore wind farm, an operational wind project located in the German North Sea which is capable of producing enough clean energy for nearly half a million homes.

For the German chemical group ALTANA, Weiterberg also led a renewable corporate power purchase agreement (PPAs) which will help the client achieve its goal of becoming climate neutral by 2025.

Beyond client work, in 2023, the German team produced an ESG jurisdictional guide for Germany covering over 27 key areas and giving an overview over legal and regulatory obligations across the ESG spectrum. It also led on another guide for clients on hydrogen and the decarbonisation of manufacturing operations.

Globally, the firm is a Global Compact (UNGC) participant, as well as a founding member of the Net Zero Lawyers Alliance and an executive member of the Legal Sustainability Alliance, through which it also signed up to the Legal Renewables Initiative.

Four of the German offices are powered by renewable energy.

Ireland

Eversheds Sutherland’s multidisciplinary team in Ireland advises on a range of sustainability issues, from advice on sustainable banking and green loans to renewable energy transactions.

Currently, the team is assisting the Kingspan Group, a provider of high-performance insulation solutions committed to accelerating a future net-zero-emissions environment, with its investment in H2 Green Steel, a company which is experimenting with new environmentally friendly methods of steel production through hydrogen.

In another recently completed matter, the firm acted for FuturEnergy on the sale of 20-30 wind farm projects over the next eight to ten years. For the same client, the firm is also advising on the development of a portfolio of onshore wind farms in Ireland.

Head of the firm’s projects and construction group and Irish ESG committee, Mark Varian, who is also part of the firm’s global clean energy group, is a member of several sustainability-related organisations, including Wind Energy Ireland and the Irish Solar Energy Association, of which he is a founding member.

The firm is a member of Hydrogen Ireland and a founding member of the Net Zero Lawyers Alliance. It is also part of the Legal Sustainability Alliance and the Legal Renewables Initiative.

Latvia

In Latvia, Eversheds Sutherland Bitāns has created a dedicated sustainability team in order to coordinate its advice for local and cross-border clients and to help devise an internal sustainability strategy. Having published a pioneering sustainability report – identifying current shortcomings and making goals to direct further green development – the firm also received the silver certificate from EcoVadis for its responsible business practices.

Alongside KPMG, the firm assisted the Latvian Ministry of Finance and Estonian Ministry of Environment in its project to implement the EU Taxonomy and develop a sustainable finance roadmap, helping underpin green and resilient economic growth. Within the project, ESG team head Māris Vainovskis analysed the Taxonomy and SFDR regulations, assessed sectoral investment needs to recommend policies which can best implement sustainable finance practices, and helped establish a framework to implement green labels in financial products.

In a matter which reassures ongoing financial support for emerging renewable energy projects, the firm assisted long-term client Energo Wind in the multi-million-euro sale of a 93 MW development-stage windfarm to a local investor. The firm advised on the deal structuring, prepared a share sale agreement, and participated in negotiations to close the transaction and restructure the project’s financing.

Renewable energy expert Ilze Kramiņa acted for solar power solutions company Smartecon in conducting legal due diligence for the acquisition of a PV power facility. Within the mandate, which supports the client in its development of solar power plants, the firm also advised on regulatory licensing, land use, and the construction process.

The firm makes a key contribution to thought leadership in the sustainable finance space, having conducted presentations and prepared articles on ESG topics for leading organisations including the Bank of Latvia, the Nasdaq Riga Stock Exchange, and the Baltic Institute of Corporate Governance.

Iraq

The Eversheds Sutherland Iraq team routinely advises on a spread of work within the renewables space, with particular strength in green M&A concerning photovoltaic projects.

The team is a key point of contact for the Ministry of Electricity, whom they are currently assisting on all aspects, including drafting and negotiating PPAs, of the procurement of several 1GW greenfield solar projects: five from Madsar, one from Total Energies and one from ACWA Power Company. Middle East managing partner Tawfiq Tabbaa is active in all of these matters.

The firm’s dedication to fostering a sustainable future goes beyond its workload as evidenced by its affiliation with several organisations such as the United Nations Global Compact, the Legal Sustainability Alliance and the Legal Renewables Initiative, which positively contribute to the conversation surrounding sustainability.

The firm also plays an active role in inspiring others to act similarly, not only as a founding member of the Net Zero Lawyers Alliance but also through its contribution to thought leadership through its ESG knowledge hub, which houses regular briefings, articles, videos and podcasts on ESG-related topics.

United Arab Emirates

The UAE team at Eversheds Sutherland expertly handles projects related to renewable energy, water and sustainable finance.

Its portfolio in the photovoltaic space includes its current advice to the Ministry of Energy and Saudi Power Procurement Company on the procurement of 12 solar projects in KSA, as well as its recent assistance to Riyad Bank and Arab Petroleum Investments Corporation regarding the financing of the 120 MW solar facility in Wadi Ad Dawasir, being developed by the consortium of TotalEnergies Solar International, Toyota Tsusho Corporation and Altaaqa Alternative Solutions.

In an ongoing matter, the group is also assisting the Saudi Water Partnership Company on its tender of three independent water projects across Saudi Arabia with a combined desalinated water production capacity of 1,200,000 m3 per day, a project which contributes to Saudi Arabia’s Vision 2030 and the National Transformation Plan 2020 regarding its future water security.

As a member of the Global ESG Leadership Team, ESG legal director Christopher Shelton is a key contact within the group, regularly speaking at ESG events, hosting roundtables and panels, and writing articles on ESG-related issues for publications. He is also a member of the ESG Strategy and Solutions team alongside Ashley Halewood, who is recommended for his deep expertise in handling projects within the renewables sector.

Globally, the firm is part of the United Nations Global Compact, the Legal Sustainability Alliance and the Legal Renewables Initiative. It is also a co-founder of the Net Zero Lawyers Alliance.

Also firmwide, the group directly contributes to the narrative surrounding sustainability through its ESG knowledge hub, where it publishes articles and podcasts on ESG issues, as well as through the recent launch of its Sustainable Finance App and its Global ESG Insights platform, which keeps clients updated on recent developments in the area.

Netherlands

The Dutch renewable energy team at UN Global Compact member Eversheds Sutherland is a leading advisor on innovative clean power projects which work to solve key issues including community engagement, investment hurdles, and land-use constraints.

In a pro bono mandate, energy group head Michel Chatelin advised the 2tokens Foundation on the development of infrastructure which hosts both the fractionalised ownership of renewable energy assets and the tokenisation of green energy certificates. The project, now operationalised as ‘Power to the Many!’, helps democratise and digitalise green investment, allowing citizens and local communities to own a stake in renewable energy assets and the produced electricity.

A cross-practice team is advising renewable energy project developer Groenleven/Bay Wa in a dispute with local tax authorities regarding the Bomhofplas floating solar park. The firm’s representation ensured that the park was classed legally as a ship, rather than real property; the outcome allows the facility to incur a lower financial burden and become more attractive to investors, supporting investment in floating solar technology.

In the solar power sector, the firm also advised green energy supplier Novar on the sale of the Mojo solar carport. The project, which efficiently utilises land by placing a 35 MW solar facility on a festival-site car park, can simultaneously accommodate 15,000 cars and 90,700 solar panels.

The firm engages in sustainability matters within the wider community, having in 2023 hosted a clean energy battery storage event and participated in a sustainable data centre energy panel. The Rotterdam office also collaborates, through Wetland Link International, with De Biesbosch National Park to raise awareness of the vital environmental role of local wetlands.

Toward meeting a  firmwide science-based target of halving its emissions output by 2030, the Amsterdam and Rotterdam offices use only renewable energy, and the Amsterdam office recently moved to a more energy-efficient and sustainable building.