THE SCOTSMAN THURSDAY 12 NOVEMBER 2009 SCOTTISH LEGAL REVIEW 21
ENERGY
OVER the past 12 months, we have
seenadelugeofenergylegislation
from Brussels, Westminster and
Holyrood.
InAugust,wesawthepassingof
the Climate Change Act in
Scotland and, with it, a target to
reduce our CO2 emissions to 80
per cent of 1990 levels by 2050.
Ontopofthis,inthepreviousyear,
Westminster had set the same
target for the UK as a whole.
The debate as to whether these
targets are achievable, and
whether either Westminster or
Holyrood can enforce them,
continues to rage. To this end one
would think that we must look
towards Brussels to take the
lead.
In September, however, Poland
and Estonia took the EU to court
over their national targets for
greenhouse gas emissions. Each
country is obliged to have a
National Allocation Plan for these
gases. The EU had sought to
intervene with these plans by
imposing specific targets rather
thanleavingittobothcountriesto
decide their own. However,
because of some classic legalese
around the EU not having a
"veritable power of
uniformisation", the challenge by
Poland and Estonia was
successful.
Another six countries are now
challenging the targets and, with
Italian Prime Minister Silvio
Berlusconi claiming the targets
will make European industry
uncompetitive,Italylookslikelyto
follow suit.
This development is a serious
setback to the EU's climate
change strategy. It is hoped that
any emissions targets set by
member states remain suitably
ambitious. Otherwise, the efforts
of the UK may make very little
difference overall.
I think the
offshore
sector is
going to
produce a
lot of legal
work
Traditionalenergysourcesarestillsupplying
work for legal firms, with renewables also
generating new revenue, finds Bob Magill
T
HANKS largely to the rush to
develop renewable sources of
electricity, and an oil and gas
sector that continues to be "never
less than interesting," in the words of
one expert, Scotland's top energy
lawyerscontinuetobebusy.
As the world tackles climate change,
renewablesisclearlythegrowthareafor
business. Liz McRobb, partner in the
energy team at Shepherd and Wedder-
burn, says: "The biggest thing for us has
been the explosion in offshore renew-
ables. There have been three separate
licence competitions run by the Crown
Estate over the past year where we
advisedtwoofthesuccessfulbidders.
"We have also been advising on the
Pentland Firth wave and tidal schemes,
andIthinktheoffshoresectorisgoingto
continue to produce a lot of legal work.
Wearejustatthestartofahugeamount
of development work, and it is a big
storyforScotland."
Andrew Renton, head of energy and
utilities, and his team at Dundas and
Wilson, have been involved in activity
with offshore and onshore wind farms,
acting for the likes of EDF, to whom the
company has seconded staff. Renton
says: "We acted for them in a number of
developmentsandacquisitionsofwind
farms to add to their portfolio and it is
anongoingprocess."
BALANCE
OF POWER
POSITIVE SPIN
Firms which are
tapping into the
renewables sector
put themselves in a
good position to
power ahead
Picture: TSPL
1 Dundas & Wilson
1 Shepherd & Wedderburn
2 Biggart Baillie
2 Maclay Murray & Spens
2 McGrigors
3 MacRoberts
3 Pinsent Masons
ENERGY
1 CMS Cameron McKenna
2 Bond Pearce
2 McGrigors
2 Paull & Williamsons
2 Stronachs
3 Maclay Murray & Spens
3 Shepherd & Wedderburn
OIL & GAS
1 Dundas & Wilson
1 McGrigors
1 Shepherd & Wedderburn
2 Brodies
2 Maclay Murray & Spens
2 MacRoberts
2 Pinsent Masons
3 Biggart Baillie
3 Wright, Johnston &
Mackenzie
POWER INCLUDING
RENEWABLES
1 CMS Cameron McKenna
2 Bond Pearce
2 McGrigors
2 Paull & Williamsons
2 Stronachs
3 Maclay Murray & Spens
OIL & GAS
Even seemingly bombproof invest-
ments such as wind farms have felt the
cold blast of the recesssion, however.
Renton explains: "We have also been
involvedintherefinancingofanumber
of wind farm portfolio projects for
banksbecauseoftheeconomiccrisis."
Dundas and Wilson remains heavily
involved with the "traditional" sources
ofenergy,andRentonconfirmsthatthe
company has had considerable activity
in the nuclear sector. "In the areas of
both nuclear new-build strategies and
in decommissioning of plants, we
continue to focus on growing our
practice,andweareseeingquitealotof
movementinthatarea,"hesays.
Penelope Warne is credited with
building up CMS Cameron McKenna's
energypracticewhichnowhasofficesin
Aberdeen, Edinburgh and London. It's
been a good year for the firm in the
energysector,saidWarne,butalso"chal-
lenging," as the firm acted, for example,
inseveralmajoroilfielddisposals.
Stressing that the firm plays an
across-the-board role in the industry,
Warne said: "Our practice is built on
strong relationships with clients, and
whileitmaynothavebeenboomingthis
year in the current economic climate,
neverthelesswehavehadagoodyear.
"It is the law firms who rely on just
doingdealswhichhavebeenhurtmore.
Wehaveadifferentphilosophy.Wedon't
just sit there collecting our money for
deals, we are out there trying to work
withtheindustrytohelpfindsolutions."
Uisdean Vass, head of oil and gas at
Maclay, Murray and Spens, reports that
his team has also had a busy year. The
sector has largely held up "apart from
the first and second quarter," says Vass,
adding: "There has been a lot of uncer-
taintybutwithrecentpricerisesthereis
amoresolidfeelcomingintothings."
AsVasspointsout,theworldwillneed
oil, gas and coal for years to come, and
that means energy-specialist lawyers
staying busy, with renewables a vital
newsourceofwork.

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