Energy

Overview

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.

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. We regularly act in DCOs, TWAOs, the TCPA regime and the Electricity Act regime.

Projects we have promoted and/or opposed include:

• Renewable energy projects such as the Sunnica Solar Farm, the Morlais Tidal Stream Demonstration Zone, Hornsea 3, East Anglias 1 and 2 Offshore Wind Farm; The Thanet Extension offshore wind; Navitus Bay offshore Wind; Langford Wind Farm, Biggleswade; Wroughton Airfield solar farm.
• Energy infrastructure projects such as: the Yorkshire Green DCO, the Western HVDC Link; Overhead Line from Carmarthen to Swansea DCO; the Western Power Distribution DCO; the Noth-South Ireland Interconnector; SEGL1 and 2 interconnectors; the Norwich to Tilbury.
• Nuclear related projects such as: Hinckley C; the overhead Line servicing Wylfa Nuclear facility DCO; Oil exploration in the Surrey Hills; Preesall and keuper gas storage.
• Fossil Fuel projects such as: the Southampton-London Pipeline Project DCO; South Hook LNG Regasification Terminal (Milford Haven); the open-cast coal proposals at Druridge Bay.
• Energy from Waste projects such as those in Barry, Northacre, Kidderminster, Ardley, Runcorn, Kings Lynn, Avonmouth, Mansfield, Beddington; 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:

• R (Finch) v SSBEIS litigation to the Supreme Court on EIA in the context of fossil fuel extraction
• R (Cox) v Oil and Gas Authority litigation on the role of the Oil and Gas Authority
• R (Greenpeace & Uplift) v SSESNZ challenge to the Offshore SEA and 33^rd Offshore licensing round
• Orstes v Persons Unknown injunction to enable the construction of Hornsea 3
• R (Substation Action Save East Suffolk) v SSBEIS challenge to East Anglia 1 and 2
• Protect Dunsfold v SSBEIS challenge to drilling at the Loxley well site
• 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 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 & 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 and R (Peak Top Gen Co. Ltd) v. Department for Environment, Food & Rural Affairs)
• The high profile public procurement challenge to the award of the £1bn Merseyside energy from waste contract: Covanta v. Merseyside Waste Disposal Authority
• 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
• 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.