Industrial Liability Conference
The “new generation” of EU pollution liability laws
Industry is accustomed to very tight regulation, much of it concerned with environmental protection. However, there is emerging a “new generation” of EU pollution liability laws that demand our attention. 2007 and 2008 are “bumper years” in this respect, with much also coming rapidly down the line in the next five years.
What are these new laws?
The entire “span” of industrial liability regulation in this context is wide and deep. This Conference will focus on cross-sector Directives – principally, the Environmental Liability Directive which has major pan-industrial impact, and also the revised Waste Framework Directive, the Extractive Waste Directive, the Soils Protection Directive and the Environmental Crime Directive.
Who is affected?
This is the thing. The “range” is extremely wide.
In essence, though, these laws are of serious relevance to you if your business is involved with appreciable quantities of industrial, commercial or municipal wastes, or other regulated hazardous substances, or if you are engaged in sensitive extractive industries (for example open cast or deep mining, quarrying, aggregates, cement, glass or ceramics manufacture etc). It is also fair to say that the mere ownership or occupation of land related to such activities can be in itself a liability exposure.
The key message is that operators in most industrial sectors require awareness of the risk impact specific to their sector and knowledge of how to deal with that risk.
Clearly also, banks, venture capitalists and other investors in industry require a clear understanding of these risks and the confidence to project their deal-specific risk management requirements.
What is the Conference going to address?
The aim of the Conference is twofold: first, to give clear guidance on the complex detail of these new EU laws and where they impact on industrial and commercial operations; and second, to analyse the practicalities of what business can and should be doing about managing these liability risks.
Ultimately, liability risk management is not about knowing the law, but about what we all do.
Therefore, we will focus on practical action plans for industrial operators – these encompass a range of subjects, including: “smart” contracting; “intelligent” internal due diligence; robust “deal” due diligence and strategic business planning, including corporate structuring and the avoidance of personal liabilities.
The bottom line is better industrial and commercial understanding of the “new generation” of industrial liability laws coming from Europe. It is also important that specialist lawyers listen closely to industry and share the experience from the perspective of the factory floor and boardroom. This Conference will provide that understanding and the platform for that shared experience. Your participation would be most welcome.
PROGRAMME
10.00 Registration & Coffee
10.30 Chairman’s Introduction
Alister Fraser, Managing Partner, Semple Fraser
10.40 The EU Environmental Liability Directive
> a major liability regime, affecting wide range of industrial sectors, due to become UK law on the first day of the Conference.
Barry Love, Associate, Waste & Extractive Industries Groups
11.05 Update on EU Waste Law Revision
> the latest on the revised meaning of “waste” and the new Waste Framework Directive; the liability implications of the “survival” of the Van de Walle ruling on contaminated soils; and impact of two major new waste directives – the “Extractive” Waste Directive and the proposed Soils Protection Directive.
Josephine Armstrong, Solicitor, Waste & Extractive Industries Groups
11.25 Coffee
11.40 Corporate Planning for Industrial Liability
> using corporate structures to ring-fence potential liabilities; when the “corporate veil” may be lifted; directors duties after the Companies Act 2006 and the proposed new Environmental Crime Directive.
Bill Fowler, Partner, Waste & Extractive Industries Groups
12.00 Key Recommendations for Industry & Business
> understanding the business and its specific exposures; strategic planning and “intelligent” internal due diligence – areas of risk/opportunity; getting it right in advance; heading off dispute and liability; “smart” contracting with suppliers and customers; effective “deal” due diligence; dealing with regulators.
Vincent Brown, Partner, Head of Waste & Extractive Industries Groups
12.25 Questions & Discussion
12.45 Lunch & Networking
This Conference is one of a series that offers guidance on legal developments, and practical guidance and solutions to issues, affecting those involved in the operational and investment ends of industry. The Conference will also present you with an opportunity to network with peers in your industry and share views on these and other areas of industrial interest and concern.