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Clean & Alternative Energy

United Kingdom

CMS is at the forefront of clean and alternative energy, a continually evolving and cutting edge industry. The high number of projects and transactions on which we advise gives us a role as both advisers to the sector and in shaping the future direction of the industry. 

Our clients include utilities and independent developers, investors and financiers, contractors, governments, regulators and other stakeholders around the world. CMS has advised on emerging renewables technologies that are now considered established, and we continue to be in the vanguard of cutting edge technologies such as energy storage, floating offshore wind projects, tidal lagoons, carbon capture and storage, and nuclear fusion test projects, among others, from the UK to the Middle East, South America, Africa and Asia. Each technology and jurisdiction presents unique legal challenges through which, drawing on our extensive experience, we guide our clients.

CMS has a long history in the power sector, including advising on some of the most ground-breaking and cutting edge technologies, transactions and market reforms currently taking place. We continue to advise on the next wave of electricity market liberalisations and sector documents establishing the frameworks within which new technologies are taken forward.

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"CMS has a broad client base in the project and energy sector, which gives it excellent insight into current trends. Its advice is accurate and comprehensive, and its knowledge of renewables projects and infrastructure construction is unbeatable. Members of other teams are drawn in to assist and bring extra expertise as required. They always work well together."

Legal 500, 2020
Law-Now: Clean & Al­tern­at­ive En­ergy
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Latest po­s­i­tion on EU tax­onomy reg­u­la­tion re sus­tain­able fin­ance
On 24 Septem­ber 2019, the EU Coun­cil pub­lished this 'I' Item Note giv­ing its ma­jor­ity ap­prov­al to pro­ceed with the next stage in the le­gis­lat­ive jour­ney of the “Tax­onomy Reg­u­la­tion”, be­ing in­vit­ing ne­go­ti­ations with the European Par­lia­ment.
Scot­tish Plan to Ban Bio­de­grad­able Waste from Land­fill Post­poned
The Scot­tish Gov­ern­ment has re­luct­antly pushed back the date from which the land­fill of bio­de­grad­able mu­ni­cip­al waste will be banned by four years, from 2021 to 2025. Scot­tish En­vir­on­ment Sec­ret­ary Roseanna Cun­ning­ham cited slow pro­gress from loc­al coun­cils.
Cli­mate change: fin­an­cial in­sti­tu­tions and their stake­hold­ers - PRA...
From 15 Oc­to­ber 2019, UK banks and in­surers are ex­pec­ted to have ini­tial plans in place to ad­dress the ex­pect­a­tions set out in the Pruden­tial Reg­u­lat­ory Au­thor­ity's (PRA) Su­per­vis­ory State­ment (SS) 3/19, ‘En­han­cing banks’ and in­surers’ ap­proaches to man­aging.
Op­por­tun­ity to in­put to call for evid­ence on stand­ards for bio-based,...
Un­til 14 Oc­to­ber DE­FRA is run­ning a call for evid­ence on de­vel­op­ing stand­ards for bio-based, bio­de­grad­able and com­postable plastics. [1] Not­ably, the Gov­ern­ment high­lights stim­u­lat­ing low car­bon growth as one of the policy motives be­hind the call for evid­ence,.
Gov­ern­ment presses on with plastic tax as part of the Budget 2019
As re­por­ted in an earli­er art­icle, in Feb­ru­ary 2019, HM Treas­ury pub­lished a con­sulta­tion on in­tro­du­cing a tax on plastic pack­aging either man­u­fac­tured in the UK or im­por­ted un­filled that con­tains less than 30% re­cycled ma­ter­i­als.
Off­shore Wind Ex­ten­sion Round: sev­en pro­jects pro­gress through plan...
The Crown Es­tate has con­firmed that sev­en off­shore wind ex­ten­sion pro­jects will pro­gress to the award of rights fol­low­ing the com­ple­tion of its plan level Hab­it­ats Reg­u­la­tion As­sess­ment (HRA). The Crown Es­tate launched the op­por­tun­ity for ex­ist­ing wind farms.
Gov­ern­ment Com­mit­tee: “Net Zero” will be im­possible without policy...
The Sci­ence and Tech­no­logy Com­mit­tee has is­sued its Re­port on Clean Growth, which out­lines the ur­gent policy steps that the Gov­ern­ment must take to de­liv­er on Net Zero emis­sions by 2050. Set with­in the con­text of in­creased en­vir­on­ment­al aware­ness, and the de­clar­a­tion.
UK Gov­ern­ment con­sults on us­ing the RAB mod­el to fund new nuc­le­ar
On 22 Ju­ly 2019, the UK Gov­ern­ment’s De­part­ment for Busi­ness, En­ergy & In­dus­tri­al Strategy (BEIS) pub­lished, among oth­ers, its con­sulta­tion on a Reg­u­lated As­set Base (RAB) mod­el for nuc­le­ar power (the “Con­sulta­tion”).
UK CCUS policy – is the UK ready to cap­ture the op­por­tun­ity?
On 22 Ju­ly 2019, the UK Gov­ern­ment’s De­part­ment for Busi­ness, En­ergy & In­dus­tri­al Strategy (BEIS) pub­lished, among oth­ers, its pro­pos­als for busi­ness mod­els for Car­bon Cap­ture Us­age and Stor­age (CCUS) (the “Con­sulta­tion”).
Crown Es­tate Scot­land re­leases “Pre-Launch” ScotWind Leas­ing doc­u­ments
Fol­low­ing the May 2018 launch of ScotWind Leas­ing, the new round of off­shore wind leas­ing in Scot­land, Crown Es­tate Scot­land has now re­leased near-fi­nal doc­u­ment­a­tion to en­able de­velopers to start pre­par­ing their pro­pos­als ahead of the Oc­to­ber launch.
EU tax­onomy: Steer­ing cap­it­al flows to­wards a sus­tain­able fu­ture for...
Last month a group of ex­perts rep­res­ent­ing a range of European fin­an­cial ser­vices sec­tors, in­ter­na­tion­al or­gan­isa­tions and civil so­ci­ety pub­lished their re­com­mend­a­tions for an EU tax­onomy for sus­tain­able eco­nom­ic activ­it­ies.
ECJ waste rul­ing on re­turned con­sumer products
On 4th Ju­ly 2019, the European Court of Justice handed down an­oth­er rul­ing on wheth­er par­tic­u­lar art­icles were waste or products. This rul­ing will have res­on­ance par­tic­u­larly in the con­sumer products sec­tor.