Energy

Carbon reduction initiatives, energy security issues and net zero targets mean that projects are under ever-increasing scrutiny. Landmark’s energy specialists are committed to supporting their clients to navigate this dynamic terrain. Whether your interest is in wind, solar, biofuels, hydrogen, nuclear, co-firing or oil and gas, Landmark’s members are at the cutting edge of advising on energy transition schemes, both domestically and internationally.

Clients include many of the world’s major energy companies, as well as governments, regulators, other public bodies, financial institutions and public interest groups. Our broad experience of advising the full range of diverse interests in this sector means that we are well placed to anticipate issues and challenges before they arise.

Recent examples of energy projects in which Landmark members have been heavily involved include:

• Morlais tidal energy project, Anglesey
• Wylfa Newydd nuclear power station, Anglesey
• Awel y Môr offshore wind farm, north Wales
• Hinkley Point C nuclear power station
• North-South Ireland Interconnector
• Navitus Bay offshore wind farm, Dorset
• Langford wind farm, Biggleswade
• Preesall and Keuper gas storage scheme
• Fracking in Lancashire, North Yorkshire and Sussex
• South Hook LNG Regasification Terminal (Milford Haven)
• Oil exploration in the Surrey Hills
• Tidal Lagoon Swansea Bay.

At the Bar, Landmark’s members have an unparalleled reputation in advising on disputes concerning windfarms, biomass-fired furnaces, geothermal power plants, waste power generators, energy from waste projects, hydroelectric schemes and solar energy farms.

Our energy specialists have a deep understanding of market and regulatory developments in both the conventional and emerging energy sectors. Several members have experience of advising on issues relating to carbon capture, utilisation and storage (CCUS), carbon trading and investment, and new nuclear.

Landmark’s members are also regularly instructed to advise on the implications of wider climate change initiatives for energy schemes. We have considerable experience of advising on the UK’s Renewable Obligation, green tariffs and emissions credits under the Kyoto Protocol.

Our barristers can also advise on the full range of property issues that can affect energy projects, from easements and covenants to strategic advice on land deals and commercial leases.

In planning our practice covers the full range of the energy field, including renewables, nuclear power, energy from waste; shale gas fracking; offshore oil and gas; electricity infrastructure; and ​electricity infrastructure. Increasingly this involves DCO work under the Planning Act 2008, but we also have experience of guiding such projects through the conventional planning regime, or Electricity Act regime, where applicable (including in Northern Ireland).

Projects include:

• Morlais tidal energy scheme, Anglesey
• The Western HVDC Link
• Western Power Distribution DCO
• Overhead Line servicing Wylfa Nuclear facility DCO
• Overhead Line from Carmarthen to Swansea DCO
• Hornsea 3 Offshore Wind
• Thanet Extension Offshore Wind
• Southampton-London Pipeline Project DCO
• Hinkley Point Power Station
• The North-South Ireland Interconnector
• Kidderminster Incinerator
• Navitus Bay Offshore Wind
• Langford Wind Farm, Biggleswade
• Preesall and Keuper gas storage
• Fracking in Lancashire, North Yorkshire and Sussex
• South Hook LNG Regasification Terminal (Milford Haven)
• Oil exploration in the Surrey Hills
• Wroughton Airfield solar farm
• Beddington ERF
• Thames Tideway Tunnel
• Energy From Waste Plants at Ardley, Runcorn, Kings Lynn, Avonmouth, Mansfield, and Horsham
• the Ffos-y-Fran land reclamation project, which includes one of Europe’s largest open cast coal mines.

In addition to our market-leading reputation for guiding energy projects through the planning / development consent process, our expertise in the energy sector extends much further and includes: rating of electricity infrastructure; compulsory powers of access and acquisition (and associated competition issued); regulatory and public law matters; domestic and international environmental law; public procurement; international trade and investment (including the Energy Charter Treaty); EU international sanctions relating to the energy sector; contracts and commercial dispute resolution. Much of this work has an international dimension including many appearances before the Aarhus Compliance Committee in Geneva. Examples include:

• Acting in the challenge bought by George Monbiot et al against the government’s Energy National Policy Statements
• Advising the UK Government on the EU energy law and international trade & investment law implications of Brexit for the All-Ireland Single Electricity Market (including in relation to GATT, GATS and the Energy Charter Treaty)
• Advising on the new National Policy Statement for new National Policy Statement for new nuclear above 1GW post 2025: siting criteria and process
• Appearing before the EU General Court in Case T-715/14 NK Rosneft v European Council ELCI:EU:T:2018:544 and Joined Cases T-735/14 & T-799/15 Gazprom Neft v European Council ELCI:EU:T:2018:548
• Rating of power station plant and machinery in Hong Kong (CLP Power Hong Kong Ltd v Commissioner of Rating and Valuation)
• Electricity wayleave compensation claims
• Substantial commercial/regulatory judicial review claims regarding changes to the rules relating to the energy capacity markets: R (Eider Reserve Power Ltd) v Department for Business, Energy and Industrial Strategy & R (Peak Top Gen Co. Ltd) v Department for Environment, Food & Rural Affairs (2018, ongoing)
• The high profile public procurement challenge to the award of the £1bn Merseyside energy from waste contract: Covanta v Merseyside Waste Disposal Authority (2013) 151 Con. L.R. 146
• A multi-jurisdiction, multi-dimensional commercial dispute (including litigation in the British Virgin Islands and Hong Kong, as well as an international arbitration) concerning alleged breaches of warranty and misrepresentation in the context of co-operation agreements entered into with China National Petroleum Company for the exploitation of mineral resources in China.

In environmental law, our members have worked on most if not all of the highest profile energy projects that have gone through the planning process in recent years.

Notable examples of work carried out by Landmark members include:

• Hinkley Point
• the North-South Ireland Interconnector
• the Navitus Bay windfarm; Keuper gas storage project; Preesall gas storage project
• Energy From Waste Plants at Ardley, Runcorn, Kings Lynn and Avonmouth
• Swindon Solar Farm
• Lancashire, Sussex, and North Yorkshire fracking projects
• the Ffos-y-Fran land reclamation project, which includes one of Europe’s largest open cast coal mines.

As these examples indicate, our practice covers the full range of the energy field, including renewables, nuclear power, energy from waste; shale gas fracking; offshore oil and gas; electricity infrastructure; and ​electricity infrastructure. Increasingly this involves DCO work under the Planning Act 2008, but we also have experience of guiding such projects through the conventional planning regime, or Electricity Act regime, where applicable (including in Northern Ireland).

In addition to our market-leading reputation for guiding energy projects through the planning / development consent process, our expertise in the energy sector extends much further and includes: rating of electricity infrastructure; compulsory powers of access and acquisition (and associated competition issued); regulatory and public law matters; domestic and international environmental law; public procurement; international trade & investment (including the Energy Charter Treaty); EU international sanctions relating to the energy sector; contracts and commercial dispute resolution. Much of this work has an international dimension. Examples include:

• Acting for Miller Argent (South Wales) Ltd in proceedings before the UNECE Aarhus Convention Compliance Committee in Geneva relating to its open-cast coal mine in Merthyr Tydfil which is anticipated to extract several million tonnes of coal over c.15 years as part of the Ffos-y-Fran Land Reclamation Scheme.
• Proceedings before the UNECE Aarhus Convention Compliance Committee regarding whether the actions and/or omissions of commercial operators of large-scale energy infrastructure can render the state liable under international environmental law.
• Rating of power station plant and machinery in Hong Kong (CLP Power Hong Kong Ltd v. Commissioner of Rating and Valuation).
• Electricity wayleave compensation claims.
• Substantial commercial/regulatory judicial review claims regarding changes to the rules relating to the energy capacity markets: R (Eider Reserve Power Ltd) v Department for Business, Energy and Industrial Strategy & R (Peak Top Gen Co. Ltd) v Department for Environment, Food & Rural Affairs (started in 2018).
• The high profile public procurement challenge to the award of the £1bn Merseyside energy from waste contract: Covanta v Merseyside Waste Disposal Authority (2013) 151 Con. L.R. 146.
• Case T-715/14 NK Rosneft & others v. European Council and Joined Cases T-735/14 & T-799/14 Gazprom Neft v Council in which the Russian energy companies Rosneft and Gazprom seek the annulment of EU sanctions targeted at the Russian oil sector in the light of Russia’s actions destabilising the situation in Ukraine (Council Decision 2014/659/CFSP as amended and Council Regulation (EU) 833/2014 as amended).
• Advising the UK Government on the EU and international investment law implications of Brexit for the All-Ireland Single Electricity Market.
• A multi-jurisdiction, multi-dimensional commercial dispute (including litigation in the British Virgin Islands & Hong Kong, as well as an international arbitration) concerning alleged breaches of warranty and misrepresentation in the context of co-operation agreements entered into with China National Petroleum Company for the exploitation of mineral resources in China.