We are specialist lawyers in the energy from waste (EfW) sector. We have advised on over 40 EfW developments dealing with land issues, securing planning and permits, obtaining finance, project structuring, waste supply and offtake arrangements, grid connection and power purchase contracts. For example, we advised Viridor on all the legal and commercial aspects of the 300kpta merchant Ardley Energy Recovery Facility in Oxfordshire.
Through our sector expertise, we will provide up to date market advice, help you develop a suitable project delivery structure, ensure bankability, secure Government subsidies and minimise commercial risk.
We advise on various feedstocks (including residual waste, organic waste, SRF/RDF and biomass) and all the EfW technologies:
- Conventional moving grate
- Advanced conversion technologies – both pyrolysis and gasification
- Anaerobic digestion
The energy generated from the EfW plant should aim to be more than just electricity - where commercially viable supplying heat will maximise the project returns. We are combined heat and power (CHP) specialists. We have helped deliver a significant number of CHP and district energy projects which use waste heat as a valuable fuel for homes and commercial properties. Examples include the heat networks in Sheffield, Nottingham, Plymouth, North London (Edmonton) and South London (Beddington).
Importantly, we support clients throughout the life of an EfW plant. We are experts on dealing with legal issues in the construction and commissioning period, as well as helping to manage challenges which may arise in the operational phase - from EfW plant performance issues to refurbishment of key EfW components.
Major infrastructure projects such as the Oxfordshire Waste PPP are at the forefront of environmental engineering and power generation. Bevan Brittan's team of lawyers … provided a depth of commercial contractual understanding which greatly aided the agreement of this contract.
We find solutions to client needs and resolve disagreements.
Our clients include leading waste management companies, local authorities, banks and equity funders, project developers, EPC contractors, technology providers and others in the EfW supply chain.
Clients we have worked with include Viridor, Veolia, Suez, Covanta, Renewi, Interserve, Nippon, Birmingham City Council and many local authorities.
Our specialist team can help you with:
- Merchant plant considerations
- Fuelled renewable energy plants
- Funding – corporate, debt and equity
- Corporate – shareholder and joint venture issues
- Waste supply arrangements
- Engineering procurement and construction (EPC) contracts
- Power purchase agreements
- Grid connection issues
- Energy subsidy – CfD, RO, RHI and FIT
- Offtake contracts – IBA, APCR, digestate
- Related waste infrastructure – MRF, MBT, SRF/RDF plants
- Waste PFI/PPP procurements
- Heat networks and district energy
- Environmental regulation
- Health and safety issues
- Planning and permitting
- Environmental law
- Project refinancing
- Secondary market transactions
- Dispute mitigation and management – EPC and operational issues
- Contract variations and renegotiations
- Contract termination issues
Ardley Energy Recovery Facility, Cardiff
We advised Viridor Waste Management Limited on all the legal aspects for the development of their Energy Recovery Facility (ERF) in Oxfordshire. We advised on the funding arrangements, a £205 million Engineering Procurement and Construction (EPC) Contract with CNIM/ Clugston, merchant plant complexities and a planning appeal. We also advised Viridor on a major waste supply contract with Oxfordshire County Council.
The ERF operating at its full capacity of 300,000 tonnes will generate enough renewable power by producing electricity for 38,000 homes. The ERF is CHP enabled and has the potential to supply heat into a district heating network.
Avonmouth Energy Recovery Facility, Bristol
We advised a leading UK waste management company on all the planning aspects for a MRF and major Energy Recovery Facility in Avonmouth, Bristol. This included advice on all the planning aspects including its planning permission, judicial review and statutory review.
The 33MW ERF plant has the capacity to treat up to 320,000 tonnes of residual waste per year.