Environment

Environment

HjulmandKaptain can assist with all judicial questions in relation to environmental and energy law. As for environmental law, such questions will typically concern real estate, including cases of public planning, building, and easements and covenants.

Particularly in connection with business transfers, it may be crucial, whether the company can expect to obtain permission to enlarge or re-direct its production. If the company is subject to the rules on environmental permits, it is particularly important to clarify, whether the company’s requests for development may be achieved without obtaining a new environmental permit, and whether the existing environmental permit may be expected to be valid in an unchanged form during the period contemplated.

If the case concerns a company having been in operation for many years, the possibility of advancing a claim against such company due to ancient pollution may be particularly important to a purchaser.

HjulmandKaptain can help companies taking contractual precautions against being responsible for others’ pollution and can also advise on the possibility of taking out insurance against environmental damage.

A considerable number of cases concern disagreements between a company and its neighbours, arising due to the company’s activities being a nuisance to the neighbours to an extent requiring a change or discontinuation of the company’s operation.

In case of environmental damage, HjulmandKaptain can advise on responsibilities and liabilities, e.g. who is responsible for the accident, and can any such responsibility be expected to be covered by insurance? Typical cases concern oil spill pollution originating from tanks or during transport.

Cases within energy law typically occur in connection with the construction of new energy plants (e.g. windmills, solar panels and biogas plants) or changes in existing plants. The energy area is subject to detailed regulation of the requirements to be met in connection with the construction and operation of energy plants.

In that connection, HjulmandKaptain can advise on the rights and obligations both of those wishing to construct an energy plant and those, such as neighbours, being affected by the construction.

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