The fight against climate change currently impacts numerous segments of the society. The interests at stake are high, and the achievement of climate neutrality by 2050 will significantly change the way public authorities, private entities and stakeholders operate. In the framework of the European Green Deal, the European Union has set in December 2019 a new milestone towards the urgent and rapid transition to a sustainable economy. Both private and public actors are called to play significant roles to support this transition.

Fast-changing regulations and new business opportunities arising from this transition entail numerous legal questions. Deloitte Legal is committed to helping public authorities and private entities on their pathway to become more sustainable, and assisting them to spot the risks and to capture the opportunities set by this transition. As a full service business law firm, our multidisciplinary team, consisting of energy, environmental, administrative, public procurement, real estate, corporate, and tax law experts are able to assist you with clear, pragmatic, solution-driven and hands-on advices and actions.

Corporate Sustainability Due Diligence

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Considering the constant changing business environment and the need of a rapid transition to a low-carbon and sustainable society, compliance with fast-changing regulations cannot be neglected. Our experts are highly experienced at advising clients notably regarding public and administrative policies, legal questions related to solar power, wind energy, hydrogen, circular economy, waste, renewable energy support mechanisms, state aid and merger control, real estate and urban planning, energy communities, corporate restructuring and tax, in order to ensure that legal requirements are encountered as well as to make sure that the decisions taken by our clients are legally sound.

Furthermore, we have extensive experience in drafting legislation and regulatory decisions, and we are used to work in close collaboration with local and national public authorities to set up legislation that meets the legal challenges of the future.

ESG and the role of company lawyers

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We advise our public sector clients, such as local and national governments as well as European institutions, on all energy and climate-related topics. From a practical perspective, we conduct legal and policy studies taking a holistic approach, in order to accompany our clients with their projects from start to finish and in order to tackle the issues that our clients are currently facing or might encounter in the future.

In practice, we provide expert advice throughout the entire lifecycle of energy and infrastructure projects (both offshore and onshore), notably on the tender procedure to be followed, the drafting of tender documents, the drafting and the negotiation of concession agreements and construction contracts such as FIDIC, NEC4, DBF(M)(O), regulatory advice on permits, grants and incentives, decommissioning and advice on every tax aspects of our clients' projects.

Where an enforcement action is taken or a legal action needs to be filed, we can provide our clients with a clear and practical assessment of the options, scenarios and the risks that can arise. If a legal action is unavoidable, we are able to proceed in an appropriate manner with regard to the needs of our clients in order to ensure the best possible outcome.

Whether you are a private company willing to invest in solar panels or wind turbines, or a local authority willing to set up a renewable energy community or alternative local heating solutions, our multidisciplinary team has the required experience and expertise to assist and guide you throughout the full lifecycle of your projects. Deloitte Legal understands the evolving challenges surrounding the transition to a sustainable society and is fully committed to helping you make your projects more sustainable, resilient and agile.

Although the regulatory landscape towards a sustainable society is complex, our team has the knowledge and the experience to understand the different issues and provide clear and comprehensive advice. The team offers a unique combination of expertise and experience in climate change and sustainability, including technical areas such as energy law, environmental law and tax law. This means that our clients can always rely on the required support.

The 'proactive and responsive' multidisciplinary offering typically advises local governments, domestic transmission and distribution system operators, and renewable energy project developers on regulatory, transactional and M&A matters.

Public sector and contracts specialist Kathleen De hornois heads the team. Senior associate Dominique Vanherck has been acknowledged by Legal 500 as a rising star and is recognized as 'a good project manager' on cases concerning new development permits – particularly for electricity lines. Testimonials include ‘A solution-provider. You notice the strength of having all knowledge under one rooftop.‘ and ‘The team is proven to have very good sector knowledge, being proactive and responsive with a multidisciplinary service offering.‘