Climate, Environment and Sustainability
The demands and expectations related to compliance with climate, environmental, and sustainability regulations are extensive and complex. These rules have evolved significantly in recent years, with new requirements continually emerging.
Our experts provide comprehensive assistance in this area of law, including application and appeal processes, ESG-related due diligence in acquisitions, sustainability reporting and classification, and assistance in cases of regulatory violations. We also have substantial experience in restructuring processes and work proactively with our clients to ensure compliance with new regulations.
Climate, environment, and sustainability represent some of the most significant challenges of our time. The legal aspect involves regulations to ensure the protection of the climate and the environment, and the sustainable management of natural resources. Increasingly, these regulations also aim to facilitate the business community’s transition to a low-emission society, in line with global and national climate goals.
The EU is a driving force in developing these rules, and through Norway’s EEA membership, frequent and extensive regulatory changes impact Norwegian businesses. For instance, the EU’s taxonomy, the CSRD, and the CSDDD are regulations that will significantly affect Norwegian companies.
Our team offers risk assessments, strategic advice, and implementation of new regulations. We assist both private and public entities across all sectors, working in interdisciplinary professional teams to ensure the right expertise for each issue. We will be a strategic partner in companies’ efforts to ensure compliance, but also in the positioning for long-term, sustainable value creation.
Environmental Law
Wiersholm has extensive experience in assisting businesses in their interactions with the environmental authorities. We provide advice on applications for emission permits, submission of BAT requirements, and permits for measures and plans that may impact the environment. We also assist with appeals to the environmental authorities and ministries, or with subsequent lawsuits against the authorities concerning environmental issues. Our environmental law team has extensive experience with government relations and in conducting legal assessments related to public requirements and orders in cases of breaches of pollution permits and other environmental regulations. We also handle waste law issues, such as the characterisation of products as waste or by-products, waste management, and compliance with waste law regulations. Additionally, we provide advice relating to private law disputes related to pollution liability and assist with the contractual regulation of risk and liability for pollution. We have extensive experience in investigating internal controls and procedures related to illegal pollution.
Climate Law
The Paris Agreement’s goal of limiting global temperature increases to 1.5 degrees Celsius and reducing global greenhouse gas emissions to “net zero” by 2050 has led to extensive international and national regulations. These regulations address various aspects of climate considerations in both private and public sectors, including requirements for company actions, permits, impact and risk assessments, and reporting. Additionally, rules have been introduced to facilitate climate-friendly investments and loans.
The Norwegian Climate Quota Act is a key regulatory framework for reducing emissions, affecting industries such as petroleum, aviation, shipping, and eventually construction and transportation. Wiersholm assists in the implementation and reporting related to these regulations.
Furthermore, there are extensive rules and requirements for climate-related projects and initiatives, such as carbon capture and storage (CCS) and nature-based carbon removal (CDR). Wiersholm’s team possesses extensive expertise and handles complex matters in all areas of climate law. We conduct risk assessments of projects, map regulatory frameworks, and assist in respect of government relations and application and appeal processes. Our expertise also includes assessing opportunities for sustainable financing of such projects.
Sustainability
As an area of law, sustainability has a wide range, encompassing regulations related to the environment, climate, and social conditions. Increasingly, regulations require these dimensions of sustainability to be considered together.
Key regulations include the CSRD, the EU taxonomy, the CSDDD, the Green Claims Directive, and the Deforestation Regulation. These regulations are complex and set requirements for due diligence and risk assessments in operations and the value chain, reporting, marketing, and classification of operations in relation to EU definitions for sustainable economic activities.
Wiersholm’s team possesses extensive expertise in all areas of sustainability law. We work strategically and proactively to assist our clients in implementing new requirements. We conduct gap analyses, provide strategic advice related to internal organisation and reporting, and conduct risk and due diligence assessments. We also assist with assessments of sustainability claims and greenwashing risks in marketing, both under the Norwegian Marketing Control Act and the EU Green Claims Directive.
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