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Clyde & Co has long been aware of the threats posed by climate change to our modern life. We’re here to help clients assess and manage the particular risks they face and successfully manage the transition to a low-carbon economy.
Traditional ways of determining the risks faced by a business are no longer adequate. Risk management tools and techniques may also no longer be fit for purpose.
Companies need to re-think their entire approach to how they operate, and we are ideally placed to provide them with objective guidance. We specialise in reviewing long-term strategic objectives and assessing likely areas of risk.
With our commitment to understanding the impact of climate change, this means we can help businesses to identify and quantify the threats it brings while incorporating business resilience into their corporate strategies.
We can also help them understand the characteristics of a low carbon economy and grasp the opportunities it provides.
We are at the forefront of the climate change conversation because we have devoted energy and resources to the issue for many years.
We correctly anticipated that climate change would be of paramount importance to our clients' businesses, and we have invested significantly in building a cross-disciplinary and cross-jurisdictional team with knowledge of climate change risks.
We are a an international full-service legal firm devoted to the sectors that build, move, power and protect our connected world, such as construction, aviation, energy, insurance and trade. That means we are focused on helping companies to understand and mitigate climate risks across industries, supply chains, and regions in a way other firms can't match.
When considering the risks facing a business as a consequence of climate change, we have a three-stage approach:
More specifically, our in-depth knowledge of climate risk can assist with:
We are also at the forefront of the renewable energy market, advising both companies and financiers across the renewable energy spectrum, including more traditional companies who are looking at growth in the renewables area. We have handled a range of global projects, from solar projects in Africa and offshore wind farms across Northern Europe, to gas fired projects in Asia Pacific and biomass in the UK. We have been involved in all aspects of the project lifecycle, from the initial regulatory and project planning phase, throughout financing, development and construction, and then into the O&M phase. For more information on this practice, please see here.
Given the wide range of risks associated with climate change, there is no simple ‘one size fits all’ solution for companies. Law firms can play a vital role in creating a coherent long-term strategy to understand, mitigate and deal with these risks.
Our knowledge, preparedness, strategic skills, networks and international experience can assist businesses to manage the risks they are facing today and prepare for the risks of tomorrow, while keeping sight of the opportunities created by the transition to a low-carbon economy.
In the area of climate change liability and resilience, Clyde and Co are so far ahead of any other comparable firm. There are one or other climate liability specialists at other firms, but no organisation has Clyde’s collective and sustained focus, world-wide platform, research, thought leadership and practical, industry involvement.
Client quote
Clyde and Co has taken a notable lead among law firms in terms of highlighting the role of legal and regulatory approaches to increase the level of resilience across institutions and wider society and are now well placed as these issues enter mainstream focus with Covid-19 and a string of climate related events since 2017 including wildfires, hurricanes and floods.
Client quote
Assisting Iberdrola Renovables in relation to the establishment of its onshore wind portfolio in France including the acquisition of several wind projects (600 MW portfolio) and supervising all transactional, corporate, regulatory matters.
Assisting an international insurer in stress-testing its GL policy wordings against a series of Canadian climate change loss/claim scenarios.
Advising Nova Power on the feasibility study for the development of several solar plants in Nigeria including an audit of the regulatory system for the building and operation of a solar PPP in Nigeria, meetings with the authorities and proposing solutions to the issues identified.
Advising on the Mtwara electricity project for the sustainable development and finance of Mnazi Bay natural gas reserves and construction of a power station and electricity supply infrastructure in Southern Tanzania.
Advising a multinational construction company in regards to clean-up efforts for the 2019/2020 Australia bushfires, the extent of which is largely considered to have been exacerbated by climate change. We are advising on the planning approvals and environmental legislation relevant to carrying out the demolition and disposal works, and the way in which rebuilding efforts are carried out will have a long-term effect on the resiliency of communities.
Advising a client on various legal issues relating to plans to build one of the world's largest biomass power plants
Helping a leading insurance company in reviewing its energy book in regards to the adequacy of existing wordings and the boundaries of existing products in regards to its future abilities to cover and insure climate change related risks.
Creating the UK legal structure to house the a unique industry led, public-private-partnership between the United Nations, the World Bank and industry that applies the capabilities of the insurance sector to address the climate resilience protection gap and wider objectives of the Paris Agreement and the UN Sustainable Development Goals.
Engaged in the Coalition for Climate Resilient Investments (CCRI) with the UK Government & the World Economic Forum; backed by the Insurance Development Forum (IDF). The project has a financial, risk-pricing and global focus, and stresses the challenge in driving capital to most vulnerable contexts
Advising underwriters on flood damage to the insured's residential construction project in Texas. The matter addresses the liabilities of construction professionals for failure to adapt the design for climate change.
Assisting an international insurer in stress-testing its GL policy wordings against a series of Canadian climate change loss/claim scenarios.
Advising various players in the insurance industry regarding claims being filed in court against corporates (in particular the oil majors) relating to climate change and its impacts. As well as monitoring the underlying litigation as it develops, we are reviewing policies in order to advise on coverage defences
Advising underwriters on flood damage to the insured's residential construction project in Texas. The matter addresses the liabilities of construction professionals for failure to adapt the design for climate change.
Handling inland marine and property claims related to the 2019 fires in California, the extent of which is largely attributed to climate change. Some of the impacts of these fires are wide-ranging and we are handling a variety of related claims, for example a claim from a winery that its grapes suffered smoke damage which tainted this season of wine.
Advising the lenders in financings of several wind farms in Riverside and Kern Counties, California
Advising Nova Power on the feasibility study for the development of several solar plants in Nigeria including an audit of the regulatory system for the building and operation of a solar PPP in Nigeria, meetings with the authorities and proposing solutions to the issues identified.
Advising on the Mtwara electricity project for the sustainable development and finance of Mnazi Bay natural gas reserves and construction of a power station and electricity supply infrastructure in Southern Tanzania.
Providing pre-contentious advice in relation to a tunnelling contract for the Alto Maipo Hydropower Plant Project, Chile
Advising a multinational construction company in regards to clean-up efforts for the 2019/2020 Australia bushfires, the extent of which is largely considered to have been exacerbated by climate change. We are advising on the planning approvals and environmental legislation relevant to carrying out the demolition and disposal works, and the way in which rebuilding efforts are carried out will have a long-term effect on the resiliency of communities.
Advising the trading arm of a multinational mining, metals and petroleum company on the world's first tender of chartering a fleet of LNG-fuelled bulker carriers. A key goal of the project is to lower greenhouse gas emissions. This project includes the drafting and negotiating of LNG bunker supply contracts and charterparties.
Acting for an EPC Contractor in relation to the preparation of EPC contracts, supply contracts and subcontracts for the construction of 45 wind turbines (95 MW) at the Hallet 1 Wind Farm Project in Australia
Assisting Iberdrola Renovables in relation to the establishment of its onshore wind portfolio in France including the acquisition of several wind projects (600 MW portfolio) and supervising all transactional, corporate, regulatory matters.
Creating the UK legal structure to house the a unique industry led, public-private-partnership between the United Nations, the World Bank and industry that applies the capabilities of the insurance sector to address the climate resilience protection gap and wider objectives of the Paris Agreement and the UN Sustainable Development Goals.
Assisting a Spanish solar farm contractor with specialist legal advice and dispute management regarding alleged defects, and operation and maintenance issues at a number of solar farms in the UK. This matter had significance reputationally and strategically regarding the clients' future business in this sector in the UK.
Advising various players in the insurance industry regarding claims being filed in court against corporates (in particular the oil majors) relating to climate change and its impacts. As well as monitoring the underlying litigation as it develops, we are reviewing policies in order to advise on coverage defences.
Advising the reinsurance market on climate change-related litigation in the US against oil majors, including 14 class actions that have been filed in a number of US states against companies in the petrochemical industry.
Helping a leading insurance company in reviewing its energy book in regards to the adequacy of existing wordings and the boundaries of existing products in regards to its future abilities to cover and insure climate change related risks.
Advising a global LNG company in a sizeable instruction regarding an engine conversion project in response to IMO2020 regulations, which change the types of fuels ships are allowed to use due to climate change considerations. We are providing guidance on how the client can adapt its business to the new regulations and advice in regards to this specific project.
Advising a global delivery and logistics company on the expansion of their electronic driverless fleet, demonstrating the legal input required to guide clients towards a lower carbon business model
Advising on insurance claims regarding an "eco-development" that unfortunately wasn't as eco-friendly as expected.
Advising a client on various legal issues relating to plans to build one of the world's largest biomass power plants
Advising on disputes on the Aswan dam hydropower project in Egypt.
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