Energy

Landmark’s award-winning planning and environment practice has a strong focus on the energy sector, in which a number of our members are ranked by the latest edition of the Legal 500 as sector leaders. 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, including (to name but a few recent examples):

  • 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.

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 & 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 & 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 a.o. 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 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 & 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.
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