We are the esteemed sparring partner of leading energy companies, regulators, public entities, project developers, large buyers, lenders and investors. Our expertise and experience comprise legal counselling on projects and transaction in all fields of energy – particularly renewable energy, varying from the development and financing of (renewable or conventional) solar and (onshore and offshore) wind farms, biomass and biofuel plants, electricity and gas storage projects to LNG terminals and interconnectors. We also have many years of experience in upstream oil & gas transactions.
CMS is at the forefront of the developments in the energy sector, having advised on a large number of ground-breaking deals over the past decade. CMS is deeply involved in the development of energy transition technologies, such as hydrogen, electric vehicle (EV) infrastructure and carbon capture and storage (CCS) and carbon capture and utilisation (CCU).
Our Energy & Climate Change areas of expertise
In the Netherlands, we have a large multidisciplinary Energy & Climate Change team with an in-depth understanding of the energy sector. The members of this team have extensive knowledge of the regulatory environment and vast experience in maintaining relations with the regulators and implementing new regulations. This enables us to offer one-stop-shop solutions regarding all legal aspects of energy projects or transactions, whether in relation to:
- Energy transition
- Climate change strategies
- Project development
- Construction and maintenance
- Finance
- Mergers & Acquisitions (M&A)
| - Regulatory
- Commercial law
- Permitting
- Environmental law and permits
- Tax matters
- Litigation
| - Dispute resolution
- Intellectual Property
- IT
- Employment
- Public procurement
- Competition law matters
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Legal services in Energy & Climate Change
Energy - M&A, project development and finance: We have a strong track record in advising on transactions and projects in the field of energy and climate change. We assist clients in the acquisition of a project in its early development phase, then continue to advise on the further development and financing of the project, and finally on divestment after reaching Commercial Operation Date (COD).
Energy - Regulatory advise: Our specialists have broad experience in and knowledge of European and Dutch competition law, regulated markets and procurement law. We give advice on sector-specific regulations for the energy sector such as gas, electricity, heat, mining and CO2 reduction. We also act on behalf of parties in administrative and civil law disputes.
We also advise water boards, drinking water companies and water treatment companies, as well as other government bodies and companies on all aspects of water management. We assist with questions and legal proceedings on dike strengthening, land acquisition and management, the designation of water storage areas, groundwater and flooding damage, drinking water supplies and groundwater extraction.
Energy - Contracts & trade: We advise on commercial contracts with respect to energy matters, such as supply contracts for (bio)gas, (renewable) electricity and (sustainable) heat, as well as tolling, connection and transport contracts, EPC and O&M contracts, contracts in relation to energy storage. We are well known for our special expertise with power purchase agreements (PPAs). We also provide advice on trading in gas, electricity, guarantees of origin and emission rights, including on compliance with REMIT, EMIR and the Dutch Financial Supervision Act.
Energy & Climate litigation: The 2019 ruling in Urgenda Foundation vs. State of the Netherlands gave binding requirements for the Dutch State to address climate change. This has set a precedent of activist cases successfully being won in courts, including the recent Court ruling against Royal Shell to cut its emissions by 45% by the end of 2030, compared to 2019 levels. At CMS, we advise clients on energy transition and climate change strategies and litigation matters. We also offer Climate Risk Knowledge Sessions for clients.
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