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Environmental guide

Contaminated land

Our environmental lawyers have extensive experience of advising on contaminated land legislation in whichever jurisdiction the issue arises. For example, we:

  • regularly draft and negotiate provisions to allocate responsibility for potential contamination risks in the context of mergers and acquisitions and in the context of land sales, purchases and leases.
  • advise landowners, lenders and insolvency practitioners of their potential liabilities and how to address them.
  • check jurisdiction-specific legislation and guidance to ensure that the law is being applied accurately and proportionately to your business and, where appropriate, make use of any legal provisions which may allow parties to transfer responsibility for remediation to another party.
  • deal with the appointment of technical consultants to assist in the identification of contamination and, where necessary, develop a remediation strategy.
  • negotiate with the relevant statutory bodies in respect of the apportionment of liability and requirements, with regard to remediation and compensation.
  • advise on the mechanisms available for avoiding the service of a remediation notice under contaminated land legislation.
  • challenge the service of remediation notices through the appeal process or otherwise by appeal through judicial review.
  • defend any enforcement action threatened or undertaken.

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