Environmental law

The increased national and international focus on environmental matters has caused both Norwegian and foreign enterprises to arrange their business activities in accordance with new political guidelines and new rules of law. Comprehensive regulations have been adopted in the European Union as well as in Norway concerning pollution, including responsibility and liability to pay compensation or damages to private and public interests. Environmental law is expected to be of increased significance for our clients in the years to come. The most important fields are:

Industry
In cases of mergers and acquisitions it is often necessary to conduct a "due diligence" related to environmental problems resulting from the company's business activities. There is a risk of being held legally liable for old environmental faults. Investors contemplating acquisitions will typically need a thorough examination of existing regulations. Wikborg Rein has been chosen as a partner in a number of acquisitions/mergers where environmental issues have been of considerable importance. We can also contribute with a broad contact base within the environmental sector in other matters related to technical inspections for "due diligence" surveys.

The firm provides general assistance to companies in connection with the establishment, expansion and restructuring of industrial activities. We can also assist industrial companies having to adjust to more rigid regulations. A legal clarification of the environmental consequences is often necessary in connection with this, and companies must often apply for new permissions to pollute.

The implementation of new international environmental legal obligations is expected to be of considerable importance in the future, as will the case concerning CO2-emissions and the possible introduction of quota allowances in accordance with the Kyoto-protocol.

The introduction of new environmental obligations will be a great challenge for the Norwegian industry.

For many years the firm has assisted insurance, shipping and oil companies nationally and internationally in connection with accidents where ships or oil and gas installations have caused pollution. This calls for expertise in environmental law and adjoining legal areas, such as maritime law, petroleum law, the law of torts, insurance law and public international law. Through our work we have gained considerable knowledge in these legal areas.

In addition, we provide assistance to the shipping industry and oil related businesses in connection with the management of ships, oil, gas and pipeline installations. The American Oil Pollution Act ("OPA") concerning oil pollution responsibility has, for instance, produced a number of inquiries from the shipping industry. Our international contact base has been very important in order to assist in these matters.

Breeding of marine organisms and fishing
The establishment and management of breeding plants raise a number of environmental questions concerning both private and public law issues. In our experience, the fishing industry has an increasing need for assistance in national and international environmental law issues, especially in light of strict new requirements for a sustainable utilization of marine resources.

Real Estate and the Development of Waterpower
Over the years we have assisted several companies in minimizing the environmental consequences of large development projects. This applies to the development of waterpower, mineral recovery, and the establishment of industrial areas as well as airports.

Since the 1970s, the government has established a number of natural conservation areas in Norway. Our firm assists landowners and others in advancing their indemnity claims against the government for the economic losses they have suffered as a consequence of these resolutions. We also give advice to companies on how to deal with protective resolutions, especially in cases where a company wishes to use a preserved property for a purpose that may be contrary to the resolution or the regulation.

In connection with property development and acquisition of real estate there is a risk that the property may be polluted. In connection with this, a number of difficult legal problems may occur, including the question of who is legally responsible for the pollution. We have considerable experience in offering legal assistance in this area.