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EVs, Hydrogen and e-Mobility

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EVs and e-Mobility

CMS has market-leading experience in relation to EVs and e-Mobility, advising OEMs, charging point providers, investors, landlords and other relevant stakeholders in relation to the full range of electric vehicle issues. We are ideally placed to support in relation to all legal aspects of the development of EVs, including: revenue streams (including vehicle to grid), regulatory issues, the full range equipment supply, installation and maintenance agreements, property rights, grid connection arrangements, consumer protection, intellectual property, product liability, financing, corporate and M&A, tax, consenting, and competition.

Our recent experience related to electric vehicles and e-Mobility includes advising:

  • A global natural resources company on the procurement of a fleet of autonomous haulage trucks for one of its Australian mines. The deal represents one of the company’s largest autonomous technology procurements to date and is a key component of its ‘digital mines’ initiative to render its entire mining operations autonomous. 
  • Ecotricity and GRIDSERVE on a major new collaboration to turbocharge development of the Electric Highway – Europe’s first nationwide charging network, which will transform electric vehicle charging facilities on Britain’s motorways and major roads.
  • Bulb in relation to their EV tariff.
  • The management team of Instavolt, the UK-based provider of pay-as-you-go rapid charging points, on the first investment by the Charging Infrastructure Investment Fund.
  • Tesla on a range of matters across a number of jurisdictions, including in relation to competition and charging infrastructure issues. 
  • Pivot Power, the battery storage and EV charging infrastructure provider, on a rnage of matters, including its acquisition by EDF.
  • Legal & General on its investment in PodPoint, one of the UK’s largest EV charging point providers, including in relation to due diligence and transaction matters. 
  • Gridserve on the rollout of its ultra-fast EV charging concept, known as Electric Forecourts, powered by solar power and battery storage. 
  • BP on its acquisition of Chargemaster, the UK’s biggest electric car charging network, which manufactures and maintains electrical charging units, as well as operating 6,500 charging points across the UK.
  • A multinational telecommunications company on the rollout of charging points for EVs using its network infrastructure, including licence implications.
  • PitPoint BV in relation to the award of the concession for the supply, installation and operation of EV charging infrastructure in the Brussels Region.
  • BP on a collaboration agreement with a vehicle manufacturer to explore the integration of electric vehicle components with BP’s AI peer-to-peer trading platform. 
  • New Motion, Allego and Alliander on the tender win for electric charging stations in Berlin who were awarded a contract by the Federal State of Berlin for the installation and operation of electric car charging stations.
  • A German car manufacturer on the creation of a high-voltage fast charging point network in Poland, including regulatory, commercial and real estate advice. 
  • Connected Kerb in respect of the supply, installation and operation of kerbside EV charging technology. 
  • Ford in relation to various electric vehicle matters across Europe.

Hydrogen

CMS has been, and continues to be, deeply involved in the development of the energy transition technologies such as hydrogen and carbon capture and storage (CCUS) which is essential in the development of ‘blue’ hydrogen production, where the hydrogen produced from natural gas uses CCUS to capture the CO2 produced. The CMS Energy and Climate Change practice is exceptionally well placed to advise our clients on the issues they face when considering, investing and developing hydrogen projects. Whatever your role is in this sector, the need to understand the latest risks and legal developments and to navigate the evolving schemes and incentives is key, influencing your ability to maximise your opportunities along the entire hydrogen value-chain.

Our recent experience related to hydrogen 

  • John Laing Investments on partnering arrangements regarding the H2 Bus Europe project (EUR39.6m) to deploy 605 hydrogen fuel cell buses and supporting hydrogen refuelling infrastructure in Denmark, the UK, and Latvia.
  • National Grid Ventures in collaboration with Cadent, SGN and Arup on Project Cavendish a hydrogen project to take hydrogen from the Isle of Grain to South London for use in London Underground and to power London’s hydrogen buses.
  • Plastic Omnium on the establishment of a joint venture with ElringKlinger for the development and large scale production of fuel cell stacks for CO 2 neutral mobility in Austria and Germany.
  • Pale Blue Dot as the consortium developing the Acorn Hydrogen project in Scotland to produce “blue” hydrogen using North Sea gas, with CO 2 emissions stored using existing and reported oil and gas infrastructure.
  • Northern Ireland Water on the procurement and contracting of the up to £25m oxygen and green hydrogen project (starting with a 1MW electrolyser project).
  • City of Frankfurt am Main on its project in cooperation with Mainova AG on the entire region's value chain for hydrogen projects which included consideration of production, storage transport and delivery consumption issues of hydrogen.
  • A technical testing organisation on the establishment of a joint venture to provide consulting and project services related to hydrogen applications for third parties.
  • Open Grid Europe GmbH on the European and German regulatory framework for hydrogen including conditions for a market ramp up of blue hydrogen as well as possible support systems. The study is based on the production of hydrogen from natural gas and the permanent offshore storage of the resulting CO2.
  • A European transmission system operator on regulatory and legal implications for the gas network of hydrogen transmission and conveyance on the gas network.
  • ERM on regulatory and consenting matters relating to its ‘Dolphyn’ (Deepwater Offshore Local Production of Hydrogen) project for the production of ‘green’ hydrogen at scale from seawater by using electrolysis powered by floating, offshore wind turbines.

To find out more about other related services you can visit the Energy & Climate Change expertise section

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Legal 500, 2022
07/12/2023
COP28: how the law can unite, act and deliver the UN SDGs
The law, and the work of lawyers, should enable countries, communities and companies to deliver the changes needed to achieve the UN SDGs and the Paris Agreement. As COP28 urges us to unite, act and deliver, Advocates for International Development (A
Exclusive Interview with Dalia Majumder Russell of CMS at World Hydrogen...
Advising the Board

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08/12/2023
Key takeaways from Energy Day at COP28
As a young professional in the legal field, attending COP28's Energy Day was an eye-opening experience that provided valuable insights into the future of environmental policies and their potential impact. Day 6 of COP28 showcased a collective determination to address the pressing challenges of our time. The discussions emphasised the urgency of transitioning to sustainable energy sources, with a focus on innovation, collaboration and policy frameworks. Supply chain planning, streamlining approvals through a clear permitting process and advocating for mandatory carbon pricing were some of the other key points discussed in the various panel sessions we attended. Another noteworthy aspect was the emphasis on international co-operation and the role of legal frameworks in facilitating cross-border partnerships. Governments were urged to think strategically beyond the present, emphasising long-term planning for renewable energy expansion.  COP28 Key Takeaway  The key takeaway for me was not just the global agreements discussed but also amplifying the voices of those on the front lines – farmers, coal workers, the youth, indigenous people and others. What set this COP apart was its focus on showcasing these voices, by, for instance, dedicating a full day to discuss the impact of climate change on health. These voices are essential in translating agreements into on-the-ground success and bridging this gap between policy decisions and the real life experiences of those directly affected by climate change is our collective responsibility, ensuring the protection of our planet for present and future generations. The Impact on Legal Practice The outcome of COP28 may lead to more stringent regulations and compliance requirements, presenting both challenges and opportunities. Legal practitioners will play a pivotal role in navigating these complexities, offering counsel to businesses and other organisations seeking to align their operations with emerging environmental standards, one way of doing this would be through using contracts as a mechanism to de-risk. As we move forward post-COP28, the legal community's commitment to guiding clients through these evolving landscapes will be instrumental in ensuring progress in the renewable energy transition. In conclusion, COP28 has been a catalyst for reflection and action. It is an exciting time to be in the legal field, with the potential to be at the forefront of shaping legal frameworks that promote a more sustainable future.
30/11/2023
Views from the Energy Leaders’ Summit
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The panel discussion covered a wide range of topics on the various aspects of the energy transition - the role of innovation, finance, policy, and partnerships in achieving net zero emissions, and the challenges and opportunities for industrial decarbonisation and reskilling.  Thank you to the panellists:Munir Hassan, Head of Energy & Climate Change, CMSAnnika Ramsköld, Chief Sustainability Officer, VattenfallAngela Churie Kallhauge, Executive Vice President and Head of the COP28 Delegation, Environmental Defence FundJan Spin, President of Americas, Blue Green Water TechnologiesAnna Hancock, Executive Director, Pollination Group, AustraliaLeon Kamhi, Executive Director, Head of Responsibility, Federated Hermes Limited A huge step forward in the reduction of methane The Global Methane Pledge made at COP28 has been joined by over 100 countries and aims to accelerate the implementation of existing and new measures to reduce methane emissions, such as capturing and using methane from landfills and oil and gas operations, improving waste management, and promoting low-emission agriculture. The World Bank is set to roll out a minimum of 15 country-led programs within the next 18 months to slash up to 10 million tons of methane (over investment lifespans). So, lots of positive messages about reducing methane. The sense on the panel was that it was a huge step forward that methane was discussed to such an extent and the commitment that some of the largest oil companies have made to reduce methane could be a game changer. The International Energy Agency (IEA) and the Environmental Defense Fund (EDF) have an important role in monitoring and verifying the methane reductions using satellite data and we heard about the need for more funding and innovation to support methane abatement in low- and middle-income countries, especially in the oil and gas sector.  Reskilling is a huge opportunity  The panel discussed the social and economic impacts of the energy transition, and the need for a just and inclusive approach that considers the needs and aspirations of the citizens and the workers. We heard about the importance of reskilling and upskilling the workforce, sharing best practices and lessons learned from different countries and regions. Where the infrastructure can be easily transformed to support clean energy, this reskilling presents an opportunity to both businesses and local communities. However, panellists reflected that this was not always possible, so some communities may struggle to thrive if their current livelihoods cannot be transitioned to clean energy. The role of investors and financial institutions There was considerable discussion about the role of investors and financial institutions in supporting the transition, and the need for consistent and credible disclosure and reporting stand­ards. There are challenges and opportunities for creating new revenue streams and business models, and the role of carbon markets and social bonds in financing the transition. For the investment infrastructure to be created so that investors can support governments in delivering their programmes, it needs to be easier for private investment to entertain the risk. Blue Green Water Technologies remove harmful alga blooms from lakes and oceans. These projects are often financed by companies using carbon credits and this source of funding has enabled local communities to benefit from cleaned bodies of water. Biodiversity has dramatically increased, as has the value of land. Creative funding solutions can benefit many different stakeholders by enabling projects such as these. Climate risk is an accelerating risk, and this should be considered by financial institutions. As they calculate the value of climate risk and its impact on their capital allocation, remuneration and expenses, the valuations must adjust. The view on disclosures and standards was that their have a role, but any investment should lead to a change in behaviour, not just to be disclosed as part of disclosure requirements. Making disclosures is a huge investment for a business and so the sense was that businesses should avoid measuring in a certain way purely for disclosures instead of really delivering change and solutions. The role of governments Finally, we heard about the role of governments in facilitating and enabling the transition, and the need for collaboration and cooperation at all levels. We learned about the importance of setting clear and ambitious targets and policies and aligning them with the global goals and commitments. We also heard about the importance of engaging and empowering the stakeholders, especially the non-state actors, and creating trust and confidence in the transition. COP28 has a role as a platform for showcasing solutions and forging partnerships. 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07/11/2023
Funding + reskilling + data + consumer engagement = energy transition...
 
07/11/2023
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01/11/2023
COP28
CMS contributed to the conversations at, and around, COP28 by hosting a series of events to collaborate, debate and look forward. Here, our experts publish soundbites and commentary to share their perspectives on the impacts of the announcements and agreements. 
01/11/2023
COP28: how the law can unite and act to deliver the UN SDGs
Thursday 7 December saw a panel event to discuss COP28: how the law can unite and act to deliver the UN SDGs, hosted by Advocates for International Development and supported by Clifford Chance, CMS, Kirkland & Ellis and Linklaters.
18/04/2023
CMS Electric Vehicle Round-up Q4 2022 and Q1 2023
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With developments in the low carbon hydrogen space proliferating and governments creating new policies to regulate these developments, join CMS experts to explore the key changes over the last 12 months...