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Risques liés aux changements climatiques

Clyde & Co has long been aware of the threats posed by climate change to our modern life. We’re here to help clients assess and manage the particular risks they face and successfully manage the transition to a low-carbon economy.

Climate change is changing the rules of business.

Traditional ways of determining the risks faced by a business are no longer adequate. Risk management tools and techniques may also no longer be fit for purpose.

Companies need to re-think their entire approach to how they operate, and we are ideally placed to provide them with objective guidance. We specialise in reviewing long-term strategic objectives and assessing likely areas of risk.

With our commitment to understanding the impact of climate change, this means we can help businesses to identify and quantify the threats it brings while incorporating business resilience into their corporate strategies.

We can also help them understand the characteristics of a low carbon economy and grasp the opportunities it provides.
 

Leading the response to climate change

We are at the forefront of the climate change conversation because we have devoted energy and resources to the issue for many years.

We correctly anticipated that climate change would be of paramount importance to our clients' businesses, and we have invested significantly in building a cross-disciplinary and cross-jurisdictional team with knowledge of climate change risks.

We are a an international full-service legal firm devoted to the sectors that build, move, power and protect our connected world, such as construction, aviation, energy, insurance and trade. That means we are focused on helping companies to understand and mitigate climate risks across industries, supply chains, and regions in a way other firms can't match.
 

Three-tiered response to climate change

When considering the risks facing a business as a consequence of climate change, we have a three-stage approach:

  • Understand: we explain the risks you face today
  • Prepare: we prepare you for the risks of tomorrow
  • Evolve: we help your company evolve to capitalise on the opportunities created by the transition to a low-carbon economy.

More specifically, our in-depth knowledge of climate risk can assist with:

  • assisting with the production of Task Force on Climate-related Financial Disclosures (TCFD) or the completion of climate risk stress-testing mandated by regulators
  • assessing and advising on exposure to liability under a changing regulatory landscape, including liability under financial services regulations, corporations law, financial disclosures, risk management, directors’ duties, environment and work health and safety
  • supporting compliance, including with environmental regulation and disclosure requirements and assisting with crisis management in the event of breach
  • developing due diligence frameworks, and reviewing policies and procedures, for assessing climate change risks to workforce, assets, operations and transactions
  • advising on insurance coverage issues in light of climate-related exposure
  • advising on litigation risks and acting in proceedings
  • helping to identify opportunities for growth.

We are also at the forefront of the renewable energy market, advising both companies and financiers across the renewable energy spectrum, including more traditional companies who are looking at growth in the renewables area.  We have handled a range of global projects, from solar projects in Africa and offshore wind farms across Northern Europe, to gas fired projects in Asia Pacific and biomass in the UK. We have been involved in all aspects of the project lifecycle, from the initial regulatory and project planning phase, throughout financing, development and construction, and then into the O&M phase.  For more information on this practice, please see here.

Given the wide range of risks associated with climate change, there is no simple ‘one size fits all’ solution for companies. Law firms can play a vital role in creating a coherent long-term strategy to understand, mitigate and deal with these risks.

Our knowledge, preparedness, strategic skills, networks and international experience can assist businesses to manage the risks they are facing today and prepare for the risks of tomorrow, while keeping sight of the opportunities created by the transition to a low-carbon economy.

In the area of climate change liability and resilience, Clyde and Co are so far ahead of any other comparable firm. There are one or other climate liability specialists at other firms, but no organisation has Clyde’s collective and sustained focus, world-wide platform, research, thought leadership and practical, industry involvement.

Client quote

Clyde and Co has taken a notable lead among law firms in terms of highlighting the role of legal and regulatory approaches to increase the level of resilience across institutions and wider society and are now well placed as these issues enter mainstream focus with Covid-19 and a string of climate related events since 2017 including wildfires, hurricanes and floods.

Client quote

Our Climate Change Risk Work

  • Afrique
  • Amériques
  • Asie Pacifique
  • Royaume-Uni & Europe
  • Aswan dam

    Advising on disputes in relation to the Aswan dam hydro power project in Egypt

    Egypt

    Solar plant development in Nigeria

    Advising Nova Power on the feasibility study for the development of several solar plants in Nigeria including an audit of the regulatory system for the building and operation of a solar PPP in Nigeria, meetings with the authorities and proposing solutions to the issues identified

    Nigeria

    Mtwara electricity project, Tanzania

    Advising on the Mtwara electricity project for the sustainable development and finance of Mnazi Bay natural gas reserves and construction of a power station and electricity supply infrastructure in Southern Tanzania

    Tanzania
  • Marine and property claims

    Handling inland marine and property claims related to the 2019 fires in California, the extent of which is largely attributed to climate change. Some of the impacts of these fires are wide-ranging and we are handling a variety of related claims, for example a claim from a winery that its...

    United States

    Construction defects

    Advising underwriters on flood damage to the insured's residential construction project in Texas. The matter addresses the liabilities of construction professionals for failure to adapt the design for climate change.

    United States

    Insurance industry coverage

    Advising various players in the insurance industry regarding claims being filed in court against corporates (in particular the oil majors) relating to climate change and its impacts. As well as monitoring the underlying litigation as it develops, we are reviewing policies in order to advise on...

    United States

    Hydropower plant

    Providing pre-contentious advice in relation to a tunnelling contract for the Alto Maipo Hydropower Plant Project, Chile

    Chile

    Wind farm financing

    Advising the lenders in financings of several wind farms in Riverside and Kern Counties, California

    United States
  • Australian bushfire rebuilding

    Advising a multinational construction company in regards to clean-up efforts for the 2019/2020 Australia bushfires, the extent of which is largely considered to have been exacerbated by climate change. We are advising on the planning approvals and environmental legislation relevant to carrying...

    Australia

    LNG-fuelled bulker carriers

    Advising the trading arm of a multinational mining, metals and petroleum company on the world's first tender of chartering a fleet of LNG-fuelled bulker carriers. A key goal of the project is to lower greenhouse gas emissions. This project includes the drafting and negotiating of LNG bunker...

    Singapore

    Hallet 1 Wind Farm Project

    Acting for an EPC Contractor in relation to the preparation of EPC contracts, supply contracts and subcontracts for the construction of 45 wind turbines (95 MW) at the Hallet 1 Wind Farm Project in Australia

    Australia
  • Coalition for Climate Resilient Investment

    Engaged in the Coalition for Climate Resilient Investments (CCRI) with the UK Government & the World Economic Forum; backed by the Insurance Development Forum (IDF). The project has a financial, risk-pricing and global focus, and stresses the challenge in driving capital to most...

    United Kingdom

    LNG-Bunkering

    Advising a global oil company on a significant LNG-Bunkering project. This instruction included the review of LNG-Bunkering terms and conditions and the long term time charter of and LNG bunkering vessel. LNG-bunkering is a new industry development and we are one of only a few law firms...

    United Kingdom

    COP25 pro bono

    As part of our climate change pro bono initiative, a Clyde & Co team of volunteers provided counsel and assistance to a legal charity focused on climate change during the 25th Conference of Parties (COP25) to the UN Framework Convention on Climate Change. Our volunteers manned the situation...

    United Kingdom

    Parametric insurance

    Advising on various pro bono projects, for example advising one global agency that aims to provide more effective emergency aid and strengthen safety nets and climate protection to vulnerable populations. Examples include setting up innovative climate risk insurance policies to protect up to 1.3...

    United Kingdom

    Biomass power plant

    Advising a client on various legal issues relating to plans to build one of the world's largest biomass power plants

    United Kingdom

    Eco-development claims

    Advising on insurance claims regarding an "eco-development" that unfortunately wasn't as eco-friendly as expected.

    United Kingdom

    Expansion of electronic fleet

    Advising a global delivery and logistics company on the expansion of their electronic driverless fleet, demonstrating the legal input required to guide clients towards a lower carbon business model

    United Kingdom

    IMO2020 project

    Advising a global LNG company in a sizeable instruction regarding an engine conversion project in response to IMO2020 regulations, which change the types of fuels ships are allowed to use due to climate change considerations. We are providing guidance on how the client can adapt its business to...

    United Kingdom

    Climate change coverage

    Helping a leading insurance company in reviewing its energy book in regards to the adequacy of existing wordings and the boundaries of existing products in regards to its future abilities to cover and insure climate change related risks.

    United Kingdom

    Reinsurance market

    Advising the reinsurance market on climate change-related litigation in the US against oil majors, including 14 class actions that have been filed in a number of US states against companies in the petrochemical industry. 

    United Kingdom

Our Climate Change Risk team

Franco Acchiardo
Franco Acchiardo

Partner

Emma Ager
Emma Ager

Partner

Lee Astfalck
Lee Astfalck

Partner

Nicholas Bathurst
Nicholas Bathurst

Partner

George Bazinas
George Bazinas

Associate

Neil Beresford
Neil Beresford

Partner

Nigel Brook
Nigel Brook

Partner

Jonathan Brown
Jonathan Brown

Partner

Julien Brunelle-Désilets
Julien Brunelle-Désilets

Avocat

Bruce Celebrezze
Bruce Celebrezze

Partner

James Cooper
James Cooper

Partner

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