Green Law Collaborating to Make a Difference

EDITION 1 | FEBRUARY 2020

WHY CHOOSE HFW? GREEN LAW COLLABORATING TO MAKE A DIFFERENCE...

Numerous domestic and world events have shone a spotlight on the green movement this year and this is understandably encouraging businesses to further align themselves with the environmentally conscious.

Not only is public angst against the courts and public antipathy. environmental damage and In May last year, the Green Party regulatory intervention to push made considerable gains in green policies a reason for being the local elections in England ethically and environmentally and Northern Ireland, while the conscious, but now the courts Extinction Rebellion protests and appear to be taking a stand too. student activism promoted by Greta Thunberg, the young environmental In the United Kingdom (UK) advocate, have brought the green Supreme Court case Vedanta agenda into sharp focus. Resources Plc and Konkola Copper Mines Plc (Appellants) v Lungowe The latest reports that coal and Ors (Respondents), the court companies are now finding it held the UK-headquartered increasingly hard to access capital business could be held liable for the have resulted from a long list of operations of its Zambian subsidiary. banks that are now refusing to fund the industry. We now see the At HFW, we work in a number decommissioning of ships occurring of industries that have serious in more ethical and environmentally environmental priorities. We sensitive ways, while the International have seen the dramatic shift Maritime Organization has passed in corporate attitudes towards The 2020 global sulphur limit to population and planet health. “The inspiration behind this further combat ship pollution. Reputationally, businesses are publication was the discovery that compelled to change. In the same Even our world leaders have way that the tobacco industry is recognised the urgent need for global as a sector focused global law firm moving away from the traditional, solutions to the climate emergency, we had a unique place at the table there is an environmentally-driven and will gather later this year in metamorphosis that is spreading Glasgow at the United Nations’ 26th of environmental responsibility. throughout the global economy. Conference of the Parties (known In a year when several major as COP26) to advance their shared Our clients looked to us to play businesses have suffered severe environmental ambitions. reputational damage due to Businesses should take the our role in making a difference. headline accidents and tragedies, green issue seriously because the we have seen a growing aliveness We pride ourselves on deliberately environmental tide is coming in. If to the green phenomenon. access to justice for environmental delivering difference.” Polluters and environmental claims is further promoted by the BRIAN PERROTT, HFW LITIGATION damagers are running the gauntlet courts, then corporates should be on against regulators, legislators, high alert. “Although initially seen as a green initiative, biofuel subsidies contributed to growing deforestation in Indonesia and Malaysia by fuelling palm oil agriculture.” ALISTAIR FEENEY, COMMODITIES

COMMODITIES End of days? The global appetite for biofuels is diminishing despite growth in some markets

The appetite for sugarcane ethanol Although initially seen as a developed world may also achieve biofuel in Brazil is immense. green initiative, biofuel subsidies some growth because sugar beet In July, BP announced its joint contributed to growing deforestation agriculture has led to rising levels of venture with US agri-commodities in Indonesia and Malaysia by fuelling ethanol production. company Bunge to create BP Bunge palm oil agriculture. However, biodiesel’s lifespan looks Bioenergia, becoming the second Biofuels were once seen as a to be ending. The political tide largest player in the sugarcane benevolent green initiative that has turned against diesel due to ethanol biofuel industry in the could reduce reliance on global concerns about nitrogen dioxide country. In its announcement, BP oil supply. But then the US shale emissions and biodiesel has only highlighted that 70% of vehicles are phenomenon resulted in a glut of oil ever been used as a constituent part capable of running on ethanol and and gas, diminishing the hunger for of conventional diesel itself. indicated that the Brazilian market alternative fuel sources. for ethanol was 26 billion litres in 2018. Wider still, biofuels simply do not Media and public antipathy towards have economics on their side. It is But does this show global support deforestation has diverted political currently cheaper, in large part, to for biofuels? Elsewhere, moves to support for the sector, especially in produce conventional fuels and the promote the industry have run into the developed world. In emerging shale oil phenomenon has really trouble, not least because of the economies where biofuel agriculture reduced demand for alternative fuels. environmental impact created by has created thousands of jobs biofuels agriculture. There is no real commercial driver for and alleviated poverty, there is an increased production of biofuels Biofuel subsidies introduced by understandably greater backing without subsidies and the price of the European Union (EU) and the for the industry. Brazil is a classic gasoline and diesel is still quite low; United States (US) in the 2000s to example. We expect ethanol fuels to moreover, there is a far greater help farmers facing low food prices, be used more locally and regionally, global hunger for electric vehicles, had an unfortunate environmental with less of an emphasis on cross- which is likely to push biofuels consequence and now the global border trade. While ethanol use further to the margins. demand for biofuels and ethanol is more prevalent in emerging looks to be shrinking. markets, such as Brazil, the Making palm oil ethically palatable Tackling the dark side of the cocoa trade

Environmental concerns should be assuaged by more ethical sourcing Consumer brands should heighten focus on ethics in supply contracts

Palm oil has become an integral As a food commodity, palm oil Palm oil is an important component The historical harms caused exploitation and poor working supply chains, stamping out child commodity in global food clearly has a future, at least in the of processed foods, and as such, its by the cocoa trade are widely conditions in their supply chains. and slave labour, along with poor manufacturing and retail. Moreover, short to medium term. Whether production is likely to increase in recognised. The industry still has Some major consumer brands have working practices, there are still in the last 15 years or so it has environmental concerns will push the foreseeable future. To counter problems associated with low discovered the consequences of not many instances where these become a recognised raw material palm oil to the margins further this, government action in the wages, child labour and poor sufficiently handling the problem, industry ills have persisted. These for biofuel. At face value, it is a down the line is uncertain. Only an form of levies may be required. working environments. Consumers with a number of child labour class brands should be more explicit in valuable ingredient for greener outright ban or a tax could have a are increasingly seeking greater actions launched in the United their supply contracts to ensure There is still the very valid argument fuels and it has transformed local meaningful impact, although we transparency and ethical standards States in recent years. that counterparties recognise the that the palm oil industry is a and national economies, such as have already seen some retailers in cocoa-based products and brands magnitude of the issue and the major force for good in providing The economics make this an Malaysia and Indonesia, but the take a stance against the product. that are alive to this could improve potential commercial impact. They thousands of jobs and alleviating increasingly difficult issue. Global economic fortunes have come at a their market position. Those that should consider making ethical The UK supermarket chain Iceland poverty. Environmental concerns cocoa prices dropped by more catastrophic environmental cost. don’t will lose out. practices a virtue of the brand itself, announced last year that it was must be balanced against the than a third between 2016 and even if it adds a slight cost premium The destruction of carbon prohibiting palm oil in its own-brand economic cost of shutting down or A greater focus on transparency 2017, while disease and age is to the consumer. Investment in absorbing rainforests and other products. Its Christmas advert that over-regulating these industries. and due diligence on the supply damaging cocoa trees, according schools and education programmes natural habitats has captured the depicted the effects of deforestation, chain will help to eradicate to Fairtrade. This is piling on even The environmental argument is a will help to develop economies attention of governments and including the impact on the exploitation and inhumane more pressure on an agricultural legitimate one, and those that are and alleviate poverty, ensuring that public alike. For those that rely on orangutan population, was banned working conditions. The Fairtrade sector that is struggling to attract part of the palm oil sphere would do exploitation is diminished. Market the commodity, ethical sourcing because of its political overtones. Foundation has helped to improve a new generation of farmers and well to ensure that ethical practices forces are already dictating that will be pivotal to its ongoing use. working practices and ensure is reputed to use child and slave Retailers and manufacturers are are put in place, including mitigating brands ensure that these ethical that farmers and their employees labour. The average age of a cocoa Attitudes towards the product only going to become more attuned the effects of deforestation. approaches are at the heart of their are appropriately remunerated. farmer is over 50, says Fairtrade. have shifted enormously in to ethical sourcing as environmental, business strategies. Chocolate manufacturers and recent years. Palm oil producers social and governance (ESG) Major chocolate manufacturers have retailers however, still run the received a boost when the EU and concerns come further to the already suffered the consequences. risk of reputational and financial US offered subsidies to promote forefront of corporate agendas. Even though many big brands damage should they fail to identify alternatives to conventional It remains to be seen whether have intensively examined their fuels, but the subsequent public food manufacturers and retailers and political backlash against are likely to suffer reputational deforestation has hindered or at damage for persisting with the least reversed the trend for growth. use of palm oil in their products. “There is a huge pipeline of offshore wind coming over the next 10 to 15 years.” RICHARD BOOTH, CONSTRUCTION

Cross-border interconnectors and battery storage ENERGY are crucial to low-carbon power

Sharing renewable energy through depths that are under 60 metres, projects such as the Formosa cross-border interconnectors will ideal for fixed-bottom wind turbines. III wind farm off Taiwan, which be pivotal to powering the has a planned capacity of 1,900 There is a huge pipeline of offshore low-carbon economy. While wind megawatts, show the ambition of wind coming over the next 10 to 15 and solar power provide a great governments and the industry itself. years. It is only going to increase hope for energy generation, they Floating offshore wind turbines also thanks to large amounts of water are ineffective in still weather offer the possibility of the industry with depths of less than 60 metres. conditions or when the sun moving into deeper waters. is hidden by dense cloud. Government subsidies, further Maturity of the offshore wind innovation and deepening industry Subsea high-voltage electricity sector has also led to growing experience are making offshore cables, such as the North Sea Link sophistication in contractual terms. wind projects economically between Norway and the United Some offshore wind farms have compelling. Project development Kingdom, will provide nations with suffered from foundation defects costs have plummeted and a balanced portfolio of renewable and there have been instances continue to fall, making offshore energy sources. When wind turbines of faults in export cables. Many wind the preferred route over stand idle, the UK will be able to contractors are now entering mid to other renewables. In 2018, the UK access Norwegian hydropower. long-term framework agreements government refused to provide On gusty days when the UK that allow for cool-off contractual subsidies for the Swansea tidal generates an energy surplus, arrangements and cable repair or power lagoon project in the belief Norway will be able to shut down replacement where necessary. that it did not provide value for its dams and hold hydropower As the industry continues to push money. Instead, the UK government in reserve. Advances in battery the boundaries and with innovation, expects that 30% of electricity will storage will also enable nations this will require even higher levels come from offshore wind by 2030, to address peak and off- of attention to contractual terms. though at present other low- peak customer demand. carbon initiatives in the nuclear HFW has advised on offshore At present the UK is in the midst and gas power sectors have been wind projects all over the world, of a fervent offshore wind power slower to gain market traction. including 70% of the wind farms crusade. Socially more palatable constructed off the shores of the UK. Offshore wind power has captured than onshore turbines, the UK is global attention. Major development surrounded by an expanse of sea Limited lifespan Burgeoning LNG demand leads the changing global trade relations Does coal still have a future?

Public and political antipathy that depend on the coal industry for Yet more broadly, the global pivot Ever since the discovery in the early demand for LNG. European imports Even as recently as 2016, less than towards the coal industry and the jobs. Moreover, Keisuke Sadamori, towards renewable energy is no 19th Century that natural gas could of LNG more than doubled in the 30% of LNG was sold on a spot cost attractiveness of renewable Director of Energy Markets and longer just a climate change issue, be cooled and compressed into first quarter of 2019, according to or short-term basis. But this is energy has resulted in a dwindling Security at the International Energy but a matter of economic prudence. liquid form and transported relatively Bloomberg. beginning to change, with major number of coal-fired power Agency (IEA) recently stated Why pay a premium for dirty energy inexpensively, there were hopes that trading companies such as Vitol, Small-scale LNG power plants are plants under development. that South and South East Asia, when low-carbon alternatives such liquefied natural gas (LNG) could Trafigura, Glencore and Mercuria springing up across Europe, and LNG Global Energy Monitor says in particular, depend on coal for as gas and renewables are becoming be a key source of global fuel and entering the market. A move is expected to become a major source construction of coal-fired plants economic development. United considerably cheaper? The reality is power. It’s easy to see the attraction: by more confident exporters of fuel for ships as a result of the has fallen by 84% since 2015. States President Donald Trump that worldwide energy demand is so burning gas produces negligible to shorter-term contacts, and International Maritime Organisation’s has also thrown his weight behind high that renewables simply cannot emissions, and gas extraction is less increased availability of cargoes Investor and shareholder new limits on sulphur emissions. an ailing coal industry in the hope meet overall needs. Conventional risky than oil drilling. But volatile and reception facilities has fuelled expectations have also resulted that jobs can be preserved and power has certainly not had its day demand limited the expansion of the Despite this, there remains growth. As the market continues to in a shrinking number of banks regional economies supported. and coal-fired power generation LNG industry. It was only in the last relatively little LNG trading when develop, participants should brace and financial institutions that are may well continue to be a major 25 years that LNG finally became a compared to other commodities themselves for the challenges of willing to finance coal-fired power Hopes that moves towards clean source of energy, particularly in Asia. globally traded product. like oil, coal or grain. This reflects high speed trading, opportunist plants. At the same time, the cost coal programmes would preserve the historical structure and practical behaviour, and legal disputes, of developing wind and solar power the industry have withered as The market has since undergone reality of the LNG market, where which have been largely absent plants has dropped dramatically, the process is widely seen as too significant growth. The shale exporters financed the high cost of from LNG markets to date, but have meaning there are fewer compelling expensive. Clean coal though has the revolution has propelled the United liquefaction facilities by pre-selling for a long time been ubiquitous in reasons to maintain interests in potential of delivering an effective States from being one of the biggest their entire production to importers international commodity trading. coal-fired power generation. middle ground in assuaging the importers of LNG to a net exporter under offtake agreements with concerns of climate activists while in less than ten years. Concerns Climate action, though, is not always terms of 20 years and longer. Only preserving jobs and local/regional in Western Europe about an over- the priority of many nations because national importers such as TEPCO, economies. For nations such as reliance on Russian natural gas, and of socio-economic pressures. In KOGAS and BG, and international China and India that remain wedded Japan and Germany’s move away Australia, support for green policies energy companies such as BP and to coal-fired power, clean coal from nuclear power in the aftermath have been balanced against the Shell were willing to make the long- could be a valuable compromise. of the Fukushima Daiichi disaster in need to appease regional economies term strategic investments needed 2011, have also led to an upsurge in to participate in the market. “As part of the drive to reduce the costs of decommissioning, one of the most important areas which needs to be considered is the contractual allocation of risk between the parties.” TOM WALTERS, SHIPPING

SHIPPING Decommissioning: The price of redundant oil fields Large scale decommissioning of oil and gas infrastructure is set to cost the industry billions

With the discovery of new oil Decommissioning is a complex parties. Standard for contracts have reserves on the UK Continental process for operators, fraught been drafted with the technical Shelf (UKCS) declining and oil and with legal and regulatory challenges of decommissioning in gas prices remaining low since challenges, including establishing mind. Two versions are currently the crash in the market in 2015, decommissioning plans, allocating available in the market: BIMCO’s decommissioning of offshore oil liabilities under joint operating Dismantlecon and LOGIC’s Offshore and gas infrastructure is firmly on agreements, transferring assets, Decommissioning contract. Both the agenda for many operators and complying with all the contracts address the significant looking to reduce their balance relevant EU, international and local challenges and peculiarities sheet liabilities as they consider the environmental regulations. Costs are associated with a decommissioning financial viability of operating fields of course a key consideration in any with the hope that standardising reaching the end of production. decommissioning project. agreements will reduce the costs and time spent on negotiating The decline in activity on the Although decommissioning costs decommissioning contracts. UKCS does however represent a have been reducing over the last significant opportunity for many 5 years as the industry builds up This is an interesting and fast of the offshore service providers knowledge and expertise from each developing area of law however, who have historically supported project, the UK Government has decommissioning is not just the booming oil and gas sector. indicated that it wants to see the an issue for the UKCS. Globally, According to a report by Oil & Gas costs of decommissioning reduced the decommissioning market is UK, approximately 203 fields on the by 35% from the 2016 base line estimated to be worth in the region UKCS are expected to see some costs estimate. Notwithstanding of US$80 billion and so there are a form of decommissioning activity this, the total expenditure on significant number of opportunities between 2018 and 2027. To put this decommissioning in the UKCS is for companies in the UK to export into context, it is anticipated that forecast to be £15.3 billion by 2027. their knowledge and expertise 2,379 wells will have to be plugged to other jurisdictions and to As part of the drive to reduce the and abandoned, over 950,000 showcase how the challenges that costs of decommissioning, one of the tonnes of topsides and jackets will decommissioning projects present most important areas which needs be lifted and removed and 18,136 can be addressed. to be considered is the contractual concrete mattresses will be removed allocation of risk between the along with 5,724km of pipeline. “We expect the use of AI and other technologies will be critical to the lowering of emissions in the shipping and other transport sectors.” JONATHAN GOULDING, SHIPPING

AI: Friend not foe Ship Recycling: global developments towards a more sustainable industry Technology is becoming central to a low-carbon economy

Automated and intelligent bridge situational awareness on The entry into force of the European Indian Government approved a bill HFW has been at the forefront of technologies are frequently board conventional ships. Despite Ship Recycling Regulation EC designed to give effect to the Hong the ship recycling industry advising identified as a panacea for many the recent tragedies involving NO. 1257/2013 (the “SRR”) on 31 Kong International Convention for all stakeholders, including banks, of the planet’s ills. These solutions Boeing aircraft, air transport remains December 2018 brought ship the Safe and Environmentally insurers, owners, cash buyers may well be over-hyped, but incredibly safe and has been made recycling into the consciousness Sound Recycling of Ships, 2009 and recycling facilities, on how to they are already having a positive safer through more automation, of both the industry and all those (the “HK Convention”). navigate the international legal impact on the green movement. which has reduced the instances of concerned with environmental requirements and obtain the This brings the total number of human error. standards. Recent prosecutions necessary permits, where applicable. Take the mining industry for a start. IMO member states ratifying the and investigations by national The use of automated trucks around We expect the use of AI and other HK Convention to the required In recent months, HFW has seen a environment agencies into the mines is making huge energy savings. technologies will be critical to the 15; however, further tonnage and rise in requests from shipowners to activities of shipowners and At ports, automated cranes have lowering of emissions in shipping recycling volumes are needed before develop bespoke green recycling insurers have reinforced the need resulted in quite incredible efficiency and other transport sectors. Ports it can come into force. Until 2018 / policies throughout the life-cycle of for awareness of the complex gains. We are also seeing a rapid are set to assess each vessel for its 2019 India was the largest player in their vessels. regulations and laws which apply. increase in the development of environmental impact and to charge the global ship recycling industry Against the backdrop of the global maritime autonomous surface ships it according to its level of emissions. (recently overtaken by Bangladesh) drive for greater sustainability (MASS), with the first zero emission We expect there to be growing and still maintains around 25% of this and environmental responsibility, container vessel Yara Birkeland due pressure on shipping operators to market. Together India, Bangladesh coupled with the consequences to launch in 2020. Vessel routing share their data so that ports can and Pakistan account for over 90% of non-compliance, a number of and scheduling has also improved, assess their overall environmental of global ship recycling by gross banks and insurers now actively resulting in much reduced emissions. impact. It will be imperative that tonnage and India therefore leads require shipowners to adhere to shipping operators and ports seek the way as the first of these 3 main Inevitably, there will be resistance green recycling policies to benefit to protect and secure this sharing of ship recycling states to ratify the to machines taking over tasks from from their products. Owners are data, but refusing to supply it could HK Convention. Accordingly, India’s humans, but the data does not lie. also showing a growing concern to have a negative impact. recognition of the HK Convention In the shipping industry, research demonstrate their green credentials. has shown that the majority of Of course the increased use of AI will be of significant importance and significant marine insurance and data sharing will potentially More recently, in November 2019, the potentially the spur to encourage losses are caused by human error. increase the risk of a cyber event, key international legislative regime the other major ship recycling Autonomous collision avoidance which could compromise safety. for ship recycling came a step closer nations to ratify the HK Convention. systems have been proven in MASS Cyber resilience will be key to to coming into force when the and AI is being used to improve ensuring positive outcomes. “The shipping industry is arguably “On a recent trip to Greece, I had the facing its most significant good fortune to enjoy the beautiful challenge so far this century…” landscape and warm climate, but the ALESSIO SBRAGA, SHIPPING misfortune to encounter a shipwreck that resulted in plastic waste and rubbish littering an uninhabited island.” BRIAN PERROTT, HFW LITIGATION

IMO 2020: Sulphur emission regulations For more information, please contact:

IMO 2020 will radically reduce global emissions BRIAN PERROTT ALISTAIR FEENEY Partner, London Partner, London The World Meteorological IMO 2020 is the necessary next IMO 2020 represents regulatory T +44 (0)20 7264 8184 T +44 (0)20 7264 8424 Organization recently indicated step towards achieving significant change on a global scale and has E [email protected] E [email protected] that the actual concentration of environmental protection. It is already started to impact all the greenhouse gas (GHG) emissions suggested that a reduction in main stakeholders in the transport in the atmosphere directly the sulphur content of ships’ chain as well as ship manufacturing, impacting climate change have fuel will translate into a drastic fuel supply, and the finance1 and RICHARD BOOTH ALESSIO SBRAGA actually accelerated. This exposes drop in overall global sulphur insurance side of the business. Partner, London Partner, London the unwelcome fact that current emissions and lead to significant Inevitably, it is also leading to a shift T +44 (0)20 7264 8385 T +44 (0)20 7264 8768 efforts to cut global emissions improvements in air quality and in the nature and type of marine E [email protected] E [email protected] are inadequate. The timing the prevention of acid rain. fuels required by the global marine of the 2020 sulphur emission industry to those which are cleaner. IMO 2020 has two key regulatory regulations of MARPOL Annex This, again, is another positive elements: (1) a maximum of 0.50% VI (‘IMO 2020’) could, therefore, development. (reduced from 3.50%) sulphur TOM WALTERS STEPHEN DRURY not have come soon enough. content in any fuel consumed The shipping industry is arguably Partner, London Partner, London Carriage by sea accounts for 90% of by ships from 01.01.20; and (2) a facing its most significant challenge T +44 (0)20 7264 8285 T +44 (0)20 7264 8395 current world trade and shipping prohibition on the carriage of fuel so far this century. IMO 2020 E [email protected] E [email protected] represents the most economically with a sulphur content of >0.50% requires consistent implementation and environmentally sustainable for consumption in fuel tanks from and cooperation between all the means of transporting high volume 01.03.20. As IMO 2020 applies to main stakeholders in the shipping goods in bulk globally. Over past any trades involving ships calling at industry as well as MARPOL STEPHEN THOMPSON ADAM TOPPING decades, the shipping industry has MARPOL states and ships which are contracting states. Whilst there exist Partner, Sydney Partner, London consistently contributed towards MARPOL flagged, we are effectively serious practical, commercial and T +61 (0)2 9320 4646 T +44 (0)20 7264 8087 environmental protection through talking about a global sulphur cap, legal challenges ahead, the shipping E [email protected] E [email protected] global measures adopted by the in addition to designated “Emissions industry is reacting positively and International Maritime Organization Control Areas” around the globe decisively to these challenges. (‘IMO’) and its contracting states where sulphur content is limited to a which have been designed to maximum of 0.10%. progressively address the impact of pollution on ocean ecosystems and 1 For example, the Poseidon Principles provide a framework which enables to assess the climate alignment of We only use paper stocks that are FSC Certified. This ensures that all our paper reduce GHG emissions. ship finance portfolios. is made with materials from well-managed forests and/or recycled sources. Our global reach SHIPPING ENERGY AND RESOURCES ENERGY AND RESOURCES We have 20 offices around the world HFW represented salvors of a The Paris office has advised The Paris office has been assisting container vessel in the Arabian the Crédit Agricole Group on the lending banks in the financing and also work with top local firms sea. Besides advising on LOF the financing of Corsica Linea’s of several water treatment plants in and experts in their sectors. salvage, the team advised on first LNG propelled ship. The Sri Lanka, including a BPI Assurance environmental issues relating to financing was set up according Export-backed project in Matale. excavation and removal of burnt to “Green Loan Principles”, which The project aims at upgrading cargo and firefighting water, as is in keeping with the Group’s and rehabilitating existing water well as the regulatory regime “Green Finance” policy and, more treatment plants while improving governing waste transportation. specifically, its commitment to the efficiency, capacity and quality energy transition. standards of supplying water to over CONSTRUCTION 350,000 people in the Matale District. With 175 turbines and generating 630MW, this project was until recently SHIPPING the world's largest HFW was the only law firm on off-shore wind farm by BIMCO’s drafting committee turbine count. We advised which was responsible for the foundations and producing clauses dealing with the cabling contractors IMO 2020 issues relating to throughout the delivery time charterparty contracts. of this £2billion+ project. HFW has significant expertise in advising clients on the implications of the MARPOL CONSTRUCTION regulations, the impacts We acted for the contractor on clients' businesses and in relation to its tender and contractual relationships, as the negotiation of the balance well as likely enforcement of plant EPC contract and action taken by MARPOL associated security documents SHIPPING states, and methods of compliance with IMO 2020. for the fabrication and installation Advising on a number of of the offshore turbines, the inter- transactional, litigation and array and export cables. This is regulatory matters in the a demonstrator project trialling Gulf of Mexico and dealing new generation technology and with regulatory compliance services, including the world's issues with BOEM, BSEE most powerful installed turbines and the US Coast Guard CONSTRUCTION (MHI Vestas V164-8.8MW) and who all share the oversight COMMODITIES Our Construction team has the first time that suction bucket of decommissioning Advising on contracts acted for the borrower of jacket foundations and 66kV activities in the US. funds from the corporation in inter-array cables have been used for the storage of crude connection with agribusiness on an offshore wind project. oil, petroleum grain, soya and ethanol in projects. The corporation Europe and in the is responsible for investing Middle East. A$10 billion in clean energy COMMODITIES projects on behalf of the Advising an oil major in a dispute Australian Government. with another oil major in relation CONSTRUCTION CONSTRUCTION to import duties on bio-ethanol Acting for a South American We acted for the EPC contractor delivered to Northern Europe subsidiary of a global power in relation to a 15.57MW solar from South and Central America. COMMODITIES company in relation to a PV plant. We advised on the COMMODITIES US$300million claim arising Drafting and advising negotiation and agreement of out of tunnel collapses forming on a number of spot the EPC contract for the design, In early 2019 HFW advised part of a 120MW hydroelectric transaction biomass procurement and construction Sucafina SA (Sucafina), power project in South America, sale and purchase of this solar plant in Jordan. who teamed up with which involved an in-depth agreements for an This is a complex project split partners Rabobank and analysis of geotechnical issues independent producer across a number of sites in KPMG, on a major bank and risk allocation across and trader delivering Jordan, and the contract is financing involving the project documents. biomass out of Africa. subject to Jordanian law. sustainability metrics. HFW has over 600 lawyers working in offices across the Americas, Europe, the Middle East and Asia Pacific. For further information about our capabilities, please visit www.hfw.com

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