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Energy and Utilities Publications

18 April 2012

Nuclear Law - April 2012

Our latest update on legal developments, news and events in the nuclear sector, including news of Burges Salmon's involvement in recent nuclear related projects and transactions. 

16 April 2012

Carbon Law - Spring 2012

Our latest issue of Carbon Law - to help you keep up to date on key climate change and emissions trading issues.

14 March 2012

In House Lawyer article - March 2012

The Government's widely anticipated water white paper ‘Water for Life’, released in December last year, set out Defra’s vision for future water management.  This article provides an overview of the important changes proposed in the white paper, then focuses on the changes to the water abstraction regime and highlights the implications of changes in this area for businesses. 

29 February 2012

The Renewable Heat Incentive - Feb 2012 Update

An update briefing on the Renewable Heat Incentive Scheme (RHI) which was announced by the Department for Energy and Climate Change in March 2011 and opened for applications from non-domestic generators in November 2011.

17 February 2012

In House Lawyer article - February 2012

Where next for renewable energy projects? Recent changes have caused uncertainty in the renewables market and questions have been raised as to whether viable renewable energy projects can be developed in the current financial climate. 

15 February 2012

The FiT Scheme

The Department of Energy and Climate Change (“DECC”) has just issued a consultation on its much anticipated first comprehensive review of the Feed-in Tariffs (“FiT”) Scheme.

12 January 2012

Environment and Energy Law - January 2012

The latest edition of our Environment and Energy Law newsletter, bringing you news and updates on a wide range of issues.

28 December 2011

In House Lawyer article - December 2011

The Energy Act 2011 received royal assent on 18 October and passed into law less than a year after it was introduced to the House of Lords in December 2010. The Act deals with the following key themes: energy efficiency, security of energy supplies and measures for reducing carbon emissions. The largest part of the Act introduces the coalition’s flagship ‘Green Deal’ policy to encourage and facilitate the retrofitting of existing properties.  Burges Salmon has played and continues to play a significant role in the development of this policy, which is the focus of this article.

25 November 2011

The DECC Renewables Obligation banding consultation

This briefing highlights some of the underlying principles and interesting statements tucked away in the Consultation which those in the renewable industry may wish to factor into their thinking.

16 November 2011

In House Lawyer article - November 2011

The Government's introduction of the Feed-In Tariff (FIT) for small-scale renewables in April 2010 has led to frenzied activity in the relatively new sector of solar photovoltaic (PV) energy. Since April 2010, many start-up companies have emerged, and there has been a rush to install solar panels to take advantage of tariffs available. However, it has not all been smooth sailing for the solar sector.

10 November 2011

Direct PPA update November 2011

This update provides additional detail on alternative direct PPA structures being used in the market.

13 October 2011

Repowering wind farm sites

Over the last 20 years we have seen a dramatic increase in the number of wind farms in the UK.  Some of them are now approaching the end of their life and many owners and developers are considering the possibility of 'repowering' these sites. But how easy is it to do this?

13 October 2011

Electricity Market Reform

The Government's Electricity Market Reform proposes some radical reforms to the electricity sector, including the way in which renewable energy projects are incentivised and how electricity generated by them is traded.

29 September 2011

Environment and Energy Law - September 2011

The latest edition of our Environment and Energy Law Newsletter.

12 September 2011

In-House Lawyer article - September 2011

NEC3 – the nuclear engineering contract? It has become the standard suite of construction and engineering contracts in the nuclear decommissioning sector. But why has it become so popular? And is its popularity justified?

29 July 2011

Extension of Feed in Tariff Projects - Closure of Loophole

On 27 July 2011, the Department of Energy and Climate Change (“DECC”) published a consultation on changing the rules on how extensions to installations are treated under the GB Feed-in Tariffs scheme. This Briefing Note highlights the action DECC is proposing to take and summarises the consequences, if such action is taken.

01 July 2011

Challenges to renewables projects in the operational phase: nuisance actions

Energy companies and developers are used to protracted arguments and disputes. Persistent opponents to a renewables project can seek to limit or disrupt the operational phase using the law of nuisance.

01 July 2011

CRC - DECC Announcement on Proposals for Simplification

On 30 June 2011, the Department of Energy and Climate Change (DECC) outlined its proposals to make the CRC Energy Efficiency Scheme (CRC) easier and simpler for businesses. 

20 June 2011

In-House Lawyer article - June 2011

The effect of health and safety legislation is increasingly being felt by the energy sector, and particularly the alternative energy sector as it has expanded into larger projects over the past few years. This article discusses some of the developments and implications that will be of interest to general counsel advising boards on liability and corporate governance.

08 June 2011

Wind & Wave CONNECT - Can the UK catch the wave

With March 2011 seeing the announcement by The Crown Estate on the timetable for offshore wind and tidal energy in Northern Irish waters, it is perhaps a good time to explore the state of play of the marine
renewables sector, and the policies and legal framework which may either promote these projects or, if not properly thought through, inhibit the growth of the sector in the UK.

03 June 2011

Fine for Biomass Company

The recent fine levied on EPR Ely Limited following a fatal accident in 2008 highlights some key issues for anyone involved in biomass operations.

15 April 2011

In-House Lawyer article April 2011

Substantial changes to current legislation governing nuclear liability in the UK are afoot. The proposed amendments are significant and will impact throughout the nuclear sector, from those involved in decommissioning and the transport of nuclear material, through to new build.

05 April 2011

Environment and Energy Law - April 2011

The latest edition of our Environment and Energy Law Newsletter.

30 March 2011

Wind & Wave CONNECT - Electricity Market Reform: Help or Hindrance?

The Electricity Market Reform Consultation (“EMR Consultation”) proposes numerous measures. Should the renewable energy sector be encouraged by these proposals or will they have an unwanted impact on renewable energy promotion and generation in the UK?

22 March 2011

NuclearCONNECT - Nuclear Liability, changes in the pipeline for UK legislation

Nuclear Liability - broadening the scope, the Government Consultation on the implementation of changes to the Paris and Brussels Conventions on third party nuclear liability.

21 March 2011

Anaerobic Digestion Projects Brochure

This brochure provides a more detailed overview of Anaerobic Digestion Projects and the experienced team at Burges Salmon who are able to provide specialist advice on such matters.

21 March 2011

Renewable Energy Projects Brochure

This brochure provides a more detailed overview of Renewable Energy Projects and the experienced team at Burges Salmon who are able to provide legal advice to those working in the renewable energy sector in assessing the risks and understanding the issues which need to be addressed to bring renewable energy projects to fruition.

21 March 2011

Marine Energy Projects Brochure

This brochure provides a more detailed overview of Marine Energy Projects and the experienced team at Burges Salmon who are able to provide legal advice in this area.

11 March 2011

The Renewable Heat Incentive Scheme

The Renewable Heat Incentive Scheme (RHI) was announced by the Department for Energy and Climate Change (DECC) on 10 March 2011. This long awaited announcement details further incentives for renewable energy production in an effort by the Government to reach its legally binding target of generating 15% of energy from renewable sources by 2020.

15 February 2011

In-House Lawyer article February 2011

At the start of 2011, with environmental and energy issues high on the political agenda, this article highlights some of the key developments that can be expected by businesses and in-house lawyers in these fields this year.

01 January 2011

NuclearCONNECT - Radioactive waste, its disposal and the long term soloution

For the UK, delivering a safe, long term storage/disposal solution for radioactive waste is a central and important issue spanning both decommissioning and new build markets.

17 December 2010

Electricity Market Reform proposals

On 16 December 2010 the UK Government published radical proposals for electricity market reform, which were billed as the most comprehensive reform of electricity markets since electricity privatisation in 1989. These proposals will be out for public consultation until Spring 2011 when it is anticipated that they will be taken forward in an Energy White Paper.

01 December 2010

Environment and Energy Law - December 2010

The latest edition of our Environment and Energy Law Newsletter.

17 November 2010

In-House Lawyer article November 2010

This article provides an insight into three emerging renewable energy technologies, how they are being promoted, and what issues operators face when looking to build and operate renewable energy plants using them.

01 October 2010

NuclearCONNECT - The law applying to nuclear installations and radioactive substances

In this edition Gareth Davies reviews Stephen Tromans latest Nuclear Law text book - 'Nuclear Law - The Law Applying to Nuclear Installations and Radioactive Substances in its Historic Context'.

15 September 2010

In-House Lawyer article September 2010

This article examines the potential advantages for businesses in developing on-site renewable energy generation and highlights ten key issues that in-house lawyers will need to be aware of when assisting any such development project.

26 July 2010

In House Lawyer article - July 2010

This article examines the ‘green’ agenda of the new ‘blue/yellow’ coalition government, and assesses what this marriage of political ideologies might mean for the energy and environment sectors over the coming years.

01 July 2010

NuclearCONNECT - The law and the nuclear industry

While researching the nuclear industry in all its many facets, health & safety has been mentioned on many occasions and with it the law, and how it affects the people who work within it. In the first of series of articles Gareth Davies from Burges Salmon sheds some light on what can often be a very thorny and complicated subject.

14 June 2010

The CRC Energy Efficiency Scheme

The CRC Energy Efficiency Scheme Order 2010 has now been published and is in force.  The final publication of the Order follows several rounds of Government consultation, and now provides organisations with the certainty required to evaluate whether their particular organisation is covered by the Scheme, to what extent, and if so, what now needs to be done.

14 June 2010

Nuclear Law update - May 2010

Our latest update on developments in the arena of nuclear law, along with news of Burges Salmon's recent involvement in nuclear related projects and transactions.

11 June 2010

Renewables Obligation: a summary of Grandfathering Consultation

The Department of Energy and Climate Change (DECC) recently published a consultation regarding the grandfathering policy of support for dedicated biomass, anaerobic digestion and energy from waste under the Renewables Obligation.

11 June 2010

Biomass Sustainability - the EC's verdict

The Renewable Energy Directive published in June 2009 contained sustainability criteria for the use of biofuels for transport and bioliquids for heat and electricity generation and for cooling, but it did not address the use of solid and gaseous biomass sources. This issue has been considered separately by the European Commission which reported its findings in the Biomass Sustainability Report published in February 2010.

16 May 2010

The Energy Act 2010

The Energy Act 2010 just made it to Royal Assent and the Statute Book before the General Election was called. The Conservative – Liberal Democrat Coalition Agreement re-states the new UK government's commitment for public sector investment in Carbon Capture and Storage 'CCS' technology for four coal-fired power stations.

23 April 2010

In House Lawyer article - April 2010

A review of 4 key developments in regulation shake-up

13 April 2010

The Bribery Act 2010

Businesses should now review their anti-corruption procedures to ensure protection against a new corporate offence introduced by the Act.

04 February 2010

Feed-in Tariff Scheme

In July 2009, the Government published its Consultation on Renewable Electricity Financial Incentives, which sought responses on the proposed design and tariff levels for the Feed-In Tariff scheme. The consultation closed on 15 October 2009 and the Government published its formal response on 1 February 2010. This note summarises the basis of the Feed-in Tariff scheme and the significant changes introduced by the Government as a result of the consultation.

21 January 2010

The Copenhagen Accord - Where now for climate change?

Does the Copenhagen Accord represent a failure to agree a way forward for dealing with climate change? 

30 November 2009

Proposals to revise RSA 1993 Exemption Orders

The government is planning to overhaul the current suite of Exemption Orders under the Radioactive Substances Act 1993, revoking all existing Exemption Orders and replacing them with one conditional Exemption Order. Click on the link to read more.

30 November 2009

The Groundwater (England and Wales) Regulations 2009

New regulations which came into force on 30th October 2009 will potentially have direct and significant impacts on discharges of radioactive substances to groundwater. Click on the link to read more.

10 November 2009

Direct Power Purchase Agreements Update November 2009

This update provides further information on Direct Power Purchase Agreements (PPA) and their benefits for generators, consumers and suppliers.

10 November 2009

Nuclear National Policy Statement

This article gives an overview of the Nuclear National Policy Statement (NPS) and associated documents were published on 9 November 2009. The nominated sites included in the NPS are Bradwell, Braystones, Hartlepool, Heysham, Hinkley Point, Kirksanton, Oldbury, Sellafield, Sizewell and Wylfa.

22 July 2009

Mind the gap - Health and Safety in Renewable Energy Projects

The UK is undertaking a new breed of energy project in what can be a hostile environment. The situation in respect of applicable health and safety laws is not and currently there is a regulatory "gap" for offshore renewables projects situated outside territorial waters.

01 July 2009

The road to renewable

Julian Boswall explains the role the planning system plays in implementing renewable energy projects which will be essential in the UK’s drive to meet its electricity needs. This article first appeared in Solicitors Journal.

30 March 2009

Nuclear Law March 2009

Our Nuclear Law team's newsletter. This edition covers Transfrontier Shipment Regulations, DECC consultations and Commission updates.

16 March 2009

IndustryLink - Newsletter of the NIA

This edition of IndustryLink contains a profile of Ian Salter - Head of Nuclear at Burges Salmon

16 March 2009

Legal Business special on the Nuclear Industry

Legal Business published this feature on the Nuclear industry in February, it looks at how the sector will develop over the next few years.

02 March 2009

Mothballing or decommissioning plant

This briefing looks at the law relating to mothballing or decommissioning manufacturing plant.

10 February 2009

Renewable Energy - Legal Expertise

We explain how bringing a renewable energy project to fruition requires specialists in property, planning, construction, corporate and banking work, as well as those with an excellent knowledge of grid connection, fuel supply and electricity off-take issues.

20 October 2008

In House Lawyer article October 2008

Latest developments in renewable energy

21 July 2008

Challenges to renewable energy consents

This briefings looks at a recent High Court decision that has important consequences for energy developers facing challenges to their development consents.

28 April 2008

Environmental Law April 2008

This edition covers the White Paper on Nuclear Power, EU Environment and Energy legislation, recently parliamentary bills and more.

09 March 2007

The Queen on the application of Greenpeace Limited v. Secretary of State for Trade and Industry

In this important judicial review case won by Greenpeace,Mr Justice Sullivan ruled that the Secretary of State for Trade and Industry had failed to give “the fullest public consultation” as promised before deciding to announce in the July 2006 Energy Review as a foregone conclusion that government policy had changed and now favoured nuclear new build. As a result the Court declared that policy statement unlawful.