ENVIRONMENT

Our participation in the environmental sector is broad and covers from general matters – processing of environmental licenses and authorizations, environmental evaluation procedures, sanctioning and environmental liability proceedings, claims against the administration or preparation of regulatory projects – to the utmost specialization in specific fields of action such as waters and dumping, waste, emission rights trading and climatic change policies, and activities related to the industrial environment.

More and more the punctual and sporadic advice arising from preliminary relations with our clients gives way to service involving permanent, integral advice, assuming the management of all environmental matters arising from their industrial activities. In this regard, we have among our clients not only representatives of the principal sectors of Spain’s industrial fabric (cement sector, iron and steel, chemical in all of its applications, paper, environmental infrastructures, etc.) but also their business Associations and Federations (including FEIQUE, CICLOPAST, AEPLA, ASPAPEL, VETERINDUSTRIA, ADELMA or ANAIP) and representative institutions such as CEOE. The firm has developed sector strategies on priority matters and it provides a forum for legislative developments of interest to their member companies, developing initiatives that enhance their business and supporting their management of environmental, quality and industrial safety issues.

We have in-depth knowledge of the functioning of the Public Administrations with which we frequently collaborate and advise on environmental matters given that several of our lawyers have held positions of responsibility within these official bodies.

Our advice is aimed at providing an integral, specific and personalized response to the needs and peculiarities of our clients. It is of interest to highlight, as a consequence of our experience, our practice in the following specific sectors.
 

Water

The extensive professional practice of our lawyers in the water sector is focused on advice and collaboration with the various Public Authorities (Ministry of Environment, Autonomous Communities, Municipalities and Hydrographic Confederations) and private institutions in relation to: regulatory projects; hydraulic infrastructure financing projects (purification, desalination, conduits), systems for managing the water supply service to cities, regulations on savings measures and conservation of water; the system of official rates and public prices; hydrological planning, etc.

Furthermore, worthy of mention is the advice given to companies belonging to all types of industrial activity as well as to Corporations (user boards, irrigators) in relation to: the processing of water concessions and authorizations as well as matters related to the authorization of industrial dumping; sanctioning proceedings; official rates, royalties and public prices for the use of water and for dumping; financial liability claims; and drafting of statutes.
 

Waste, Packaging and Integrated Management Systems

The efficient management of waste deriving from the products we consume requires the collaboration and coordination of the various agents involved (manufacturers, marketers and distributors, consumers, public administrations and managers) who participate in the management thereof through the so-called Integrated Management Systems (IMS). Since the start of their careers, lawyers from Gómez-Acebo & Pombo have implemented and advised the principal IMS’s created in Spain (ECOEMBES, SIGAUS, SIGNUS, SIGFITO, ECOVIDRIO, ECOASIMELEC, ECOFIMATICA, TRAGAMOVIL, ECOPILAS, CICLOAGRO). Our work in this area has developed into a leading and strategic sector of our practice, while converting our professionals into experts and the principal reference of the sector for all agents involved.
 

Emission Rights Trading and Climatic Change Policies

Our team of lawyers enjoys international and national specialization and experience in the following areas of practice related to Climatic Change Policies:

  • International Scope (UNFCCC/PK) and flexible mechanisms (CDM/JI/market): Assistance during the project processing process; due diligence and viability studies; analysis of project portfolios; institutional development of capacities.
  • European Emission Rights Trading System (EU ETS): Assistance on authorizations and assignments; strategic advice; treatment of closures, suspension of activities and new entrants; administrative and contentious-administrative appeals against individual assignments; and financial liability.
  • Domestic projects: Identification of initiatives for varied sectors; regulatory and institutional framework; design of strategies for companies depending on the type of project.

The services customarily rendered in these areas include:

  • Policies and Strategy: Implementation of strategic, public and private policies, in matters related to climatic change adapted to the reality of each area and player. Legal and regulatory: Advice on UNFCCC and Kyoto Protocol; national regulations on Annex I and Non-Annex I Countries; GIS, carbon contracts such as ERPA’s; EU ETS.
  • Contracting and Financing: Marketing and sale of carbon credits; negotiation of loans and advances in exchange for credits; structure, identification and ensurance of project financing.
  • Due Diligence and Viability: Evaluation of host country risks (legal and political risks); of counterparty risks; of the project; of the generation of carbon credits and risks of delivery.
  • Training and capacitation: Assistance in the effective participating in the efforts for mitigating climatic change and exploring new business opportunities.

The team works with the national administrations and administrations of other countries, international organizations, industrial sectors affected by EU ETS and the various sectors by providing, with ample experience and in-depth knowledge of the business, the services referred to above.
 

Industrial Environmental Matters

The development, in the last two decades, of policies of prevention, on account of the necessity of industrial facilities to comply with different and numerous environmental obligations, as well as the continuous inspection initiated by the Administration on the enforcement of the same, has required a broad spectrum of legal advice, more and more qualified and punctual as a consequence of the areas of specialization: emissions and noise; contaminated soil and hazardous substances; water and dumping; authorizations, licenses and concessions in the various environmental sectors and procedures for evaluating environmental impact; environmental liability; emission rights trading and projects for reducing CO2; efficiency measures and energy savings; REACH and CLP Regulation; and environmental taxation.

 

DISTINCTIONS

chambers partners

"The team is commercial and completely on the ball."

"I think the firm is the best in terms of money. It is very flexible with the price, the offers it makes you are very reasonable and it is flexible to change things."

The Chambers Europe 2016. Environment

 

legal500logo

The ‘legal soundness’ of the practice at Gómez-Acebo & Pombo Abogados is ‘second to none’.

The Legal 500 2016. Environment

 

chambers partners

"The lawyers have a good knowledge of the issues at a legal level and know people in the administration and engineers, wich helps to resolve questions and clear doubts"
"The firm is a pioneer in the Spanish market in environmental issues."
"What I value is the great experience that the lawyers have and their specialisation in the egislation that affects my company".

The Chambers Europe 2015. Environment

 

chambers partners

"I'm very satisfied with this firm. It stans out for its quality, flexibility, rigour, speed and attention to the client."
"The lawyers are very flexible - they adapt to our particular needs and provide an excellent service." 

The Chambers Europe 2014. Environment

 

chambers partners

"We made the best decision hiring this firm. The fees are reasonable and the lawyers excellent: dedicated, available and business-oriented". 

The Chambers Europe 2013. Environment

 

chambers partners

Sources say: "The lawyers are flexible, practical and responsive, and know our sector extremely well".

The Chambers Europe 2012. Environment

 

legal500logo

Gómez-Acebo & Pombo Abogados provides "valuable opinions" to clients including the 11 waste management integrated systems, which it advised on the new Waste Bill.

The Legal 500 2012. Environment

 

chambers partners

Sources say: "The team knows the market and the public administration very well, which gives it an advantage over the competition. The lawyers are practical and highly efficient at problem solving".

The Chambers Europe 2011. Environment