Environmental Law
Climate and environmental law deals with legal matters relating to the preservation of the climate and the environment and to the long-term management of natural resources. These are some of the most important concerns of our time. Climate and environmental law has undergone an exponential development since the adoption of the Paris Agreement. Through Norway's EEA membership, an increasing number of amendments aimed at Norwegian businesses are implemented into Norwegian regulations. Climate and environmental law is a fundamental area of law for Norwegian public authorities, businesses, developers, landowners, and environmental organisations.
Wiersholm has expertise in climate law, environmental law, ESG, and sustainability in finance, and we put together broad practice groups to ensure the right skills and expertise for the issue at hand.
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Climate law
International obligations, in particular through Norway’s EEA membership, imply that new and stricter requirements are continuously being imposed on the Norwegian businesses. These include requirements for permits and conduct, strategies, reporting, and new emissions trading requirements. Furthermore, in light of the climate and nature crisis, increasingly strict requirements are imposed to counteract climate and nature risks. Currently, both private-law and public-law impact assessment and due diligence requirements apply to Norwegian businesses. In addition, businesses are obliged to counteract greenwashing, and marketing must comply with requirements that are in line with new regulations on green claims. Moreover, a large part of the private sector is also subject to supervision, inspections, and scrutiny.
Environmental law
Wiersholm has a long history of assisting Norwegian businesses in their dialogue with environmental authorities. We provide advice in connection with applications for emission permits, compliance with BAT requirements, and permits relating to measures and plans that may have an impact on the environment. We also assist with complaints to environmental authorities and the ministries, or in subsequent lawsuits against the authorities in connection with environmental matters. Our environmental law team is highly experienced when it comes to contact with authorities and legal assessments in connection with public requirements and orders in the event of breaches, or suspected breaches, of pollution permits and other environmental regulations. In more serious pollution matters, we assist clients in criminal cases.
We also handle waste law matters, such as the characterisation of a product as waste or by-product, the handling of waste and hazardous waste, as well as issues of compliance with waste law rules. Furthermore, we advise our clients in private-law disputes relating to pollution liability and we assist with the contractual regulation of risk and pollution liability. The Wiersholm environmental law team has extensive experience with environmental due diligence in connection with the acquisition of companies or property. We also have broad experience in examining internal control/routines in connection with unlawful pollution.
Besides, we work strategically and proactively to implement upcoming requirements for due diligence assessments in environmental law, and to meet the increasingly strict requirements in this area.
Climate and environmental issues arise and must be handled in different branches of jurisprudence, across a range of industries, and in several types of cases. Our environmental law team possesses wide-ranging expertise and handles complex matters in all areas of climate and environmental law, including through interdisciplinary teams.
ESG
We advise our clients on new requirements under e.g. the taxonomy, the Norwegian Transparency Act, the Corporate Sustainability Reporting Directive (CSRD), as well as upcoming regulations such as the Corporate Sustainability Due Diligence Directive (CS3D), and a potential social taxonomy. In all of these areas, we have a broad experience in advising on everything from applicability, liability risk, and implementation of new ESG strategies within businesses. We have extensive experience assisting clients in restructuring processes and we work proactively with our clients to ensure compliance with new regulations. You can read more about Wiersholm’s ESG and Compliance expertise here.
Our services
- Applications to public agencies regarding licences and permits, including emission permits, storage permits, permits for climate-related projects or greenhouse gas emissions, carbon capture and storage, zoning plans, building permits, watercourse licences, establishment and removal of waste disposal sites, etc.
- Agreements regarding the acquisition of properties with contaminated soil and other agreements, such as transaction agreements and lease or ground lease agreements where the risk and liability for historical pollution must be clarified and regulated
- Assistance with complaints relating to applications
- Assistance with self-reporting or communication relating to climate or environmental matters
- Assistance in connection with inspections by environmental authorities or other authoritative bodies
- Assessment of internal control according to environmental legislation and the Internal Control Regulations
- Examination of internal control/procedures in connection with (unlawful) pollution or clean-up work
- Stakeholder dialogue in connection with new measures, impact assessments, hearings, etc.
- Due diligence assessments relating to climate and environmental matters
- Assistance in the event of breaches and/or suspected breaches of pollution permits and other environmental legislation, and relating to orders/requirements from environmental authorities
- Assessments of pollution liability in public law – both administrative liability and assistance in criminal cases
- Assessments of liability in private law, such as liability in damages
- Assistance in connection with development on contaminated land, demolition of environmentally damaging buildings, etc.
- Handling of waste and hazardous waste
- Assistance relating to the greenhouse gas emission trading scheme
- Assistance in connection with applications for carbon compensation
- Environmental due diligence in connection with the acquisition of companies or property
- Environmental law advice in connection with the development of renewable energy
- Assistance and drafting of contracts in connection with carbon removal certificates
- Assessment of requirements under the Taxonomy or the CSRD
- Management and board of directors training in connection with new climate and environmental obligations
Sources say: "It is a top-notch firm," underlining the "quick responses and good overview" that the team offers. One client highlights the team's "ability to think strategically," with another interviewee adding: "The team is always there for us when we have a problem."