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Sub practice
Sub practice

Contaminated Land

We advise on the full range of contamination issues including the allocation of liabilities (under contract and statute), clean-up issues, negotiations with regulators and third parties and the ring-fencing of liabilities.

We also work with clients on a variety of remediation projects, including advising on contractual arrangements with environmental consultants and remediation contractors.  Our advice concerns liabilities arising from a broad scope of EHS matter such as contaminated land, marine or other waterways pollution and asbestos, across a wide variety of industries, whether as part of a transaction or on a stand alone basis.

We have a strong background in working with clients to manage historical (or legacy) environmental issues, commonly related to contaminated land. We help clients to identify the extent of any retained environmental liabilities and advise on how to mitigate those risks and manage any potential exposures arising from assets, permits and contracts.

The environmental and social responsibility risks in any business are requiring greater attention than ever. Civil liability for environmental damage continues to be a hot topic in Europe and else where.

In this potentially complex area, Allen & Overy’s team has advised on both potential corporate and director liability in respect of environmental and health and safety incidents. Our global coverage makes us particularly well placed to provide multi-jurisdictional advice.

The range of advice that we offer in relation to contaminated land includes:

  • marine offshore and other waterways pollution
  • asbestos
  • remediation projects
  • historical or legacy environmental issues
  • mitigation of risk and exposures from assets, operations, permits and contracts
  • Environmental Liability Directive
  • tortious environmental liability
  • health and safety incidents
  • corporate and director liability for environmental, health and safety matters
  • aftercare and restoration obligations
  • remediation obligations arising from decommissioning of permitted facilities

News and insights

Two large building pillars

Publications: 09 June 2022

SEC proposes enhanced ESG disclosures with significant repercussions for private funds, private wealth advisers, and broker-dealers

On May 25, 2022, the Securities and Exchange Commission (the SEC) proposed rule and form amendments that, if adopted, would require specific, additional disclosures regarding environmental, social,…

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Solar panels

Publications: 08 June 2022

Biden Administration announces 24-month duty exemption for solar imports from Cambodia, Malaysia, Thailand, and Vietnam

On June 6, the Biden Administration announced a two-year duty exemption for solar products from Cambodia, Malaysia, Thailand, and Vietnam (together, CMTV), as well as authorization for the use of the…

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Building

Publications: 06 June 2022

Voluntary carbon markets: Analysis of regulatory oversight in the U.S.

We are honored to have assisted ISDA with a white paper which further explores the voluntary carbon markets in the context of U.S. legal and regulatory considerations. 

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Modern buildings against a blue sky

Publications: 02 June 2022

Carbon trading in the compliance and voluntary markets: Challenges, opportunities and the role of U.S. regulators

There is a growing global focus from a broad spectrum of stakeholders across the global economy on how to avoid, reduce, and remove greenhouse gas (GHG) emissions.

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Recognition