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Under an asset purchase, the purchaser takes only the selected assets and assumes only the specific liabilities it opts to accept, as detailed in the asset purchase agreement. After completion, issues highlighted by due diligence may require the purchaser to address environmental, health and safety (EHS) matters. For example, the purchaser might need to transfer or apply for a permit, join a recognised packaging waste compliance scheme, or strengthen health & safety documentation following completion. Typical post-completion EHS actions in asset purchase transactions include the following: transferring environmental permits verifying whether the deal triggers any new duties under environmental regimes, such as producer responsibility, energy efficiency and carbon schemes tackling points raised in environmental audits and reports, and any contractual conditions advising on the scope of environmental insurance and other risk-mitigation strategies putting in place reliance agreements or collateral warranties to allow reliance on environmental reports Transfer of environmental permits In an asset sale, the name of the operator/permit...
In this issue: Air emissions and climate change Energy for environmental lawyers Environmental disputes and proceedings Environmental permits and consents Environmental taxes, reliefs and incentives ESG and sustainability Hazardous substances and chemicals Marine Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Air emissions and climate change DESNZ releases quarterly waste data reporting template for the UK ETS. The Department for Energy Security and Net Zero (DESNZ) has issued a template for quarterly waste data submissions under the UK Emissions Trading Scheme (UK ETS). It is designed for waste operators to use when sending quarterly data reports to their regulator during the voluntary monitoring, reporting and verification (MRV) period. See: LNB News 19/02/2026 50. AFME responds to European Commission consultation on climate resilience legislative framework. The Association for Financial Markets in Europe (AFME) has provided...
In this issue: Energy efficiency and buildings Energy for environmental lawyers Environmental enforcement and prosecutions ESG and sustainability Hazardous substances and chemicals Nature, biodiversity and habitat conservation Waste Waste producer responsibility regimes Water, flooding and drainage Daily and weekly news alerts New and updated content Latest Q&A Energy efficiency and buildings The Department for Energy Security and Net Zero (DESNZ) has issued its 2025 post‑implementation review (PIR) of the Energy Savings Opportunity Scheme (ESOS) Regulations 2014 (SI 2014/1643). Using Phase 3 compliance notifications from the Environment Agency, together with unpublished interim data from Phase 3 action plans, and building on the 2020 PIR, it recommends holding off any major amendments to the ESOS Regulations until a full evaluation ends in May 2026, after which a comprehensive PIR will be completed. The research evaluates how energy audits and reporting identify and deliver energy efficiency savings across organisations. See: LNB News 14/08/2025 6...
In this issue: Air emissions and climate change Environmental enforcement and prosecutions Energy for environmental lawyers ESG and sustainability Hazardous substances and chemicals Key developments and materials Marine Waste producer responsibility regimes Wildlife, biodiversity and habitat conservation LexTalk Environment: a Lexis Nexis community Daily and weekly news alerts New and updated content Trackers Useful information Air emissions and climate change DESNZ has released the government’s response to the consultation on regulatory proposals for the CCUS transport and storage Revenue Support Agreement counterparty direction. The CO2 T&S business model aims to catalyse early carbon capture, transport and storage networks by providing revenue support. The response confirms it is suitable to move forward with regulations concerning the Secretary of State’s power to direct a counterparty to make an offer to contract. See: LNB News 29/02/2024 40. DESNZ has also opened a call for evidence to inform a future policy framework for...
The extended producer responsibility (EPR) regime for packaging and packaging waste The extended producer responsibility (EPR) regime for packaging and packaging waste shifts the entire cost of managing household packaging waste from households to packaging producers, placing on them accountability for their packaging costs throughout its lifecycle. Lower charges apply to sustainable packaging, incentivising designs that use fewer materials and are easier to recycle. Under EPR, Local Authorities (LAs) receive producer-funded payments covering the net costs of collecting, managing, recycling and disposing of this household packaging waste. EPR is governed by the Producer Responsibility Obligations (Packaging and Packaging Waste) Regulations 2024, SI 2024/1332 (as amended). These regulations define a range of persons and bodies with specific functions within the regime. These are: producers—these are the principal duty holders compliance schemes the Scheme Administrator (SA) (PackUK) ‘relevant authorities’ which are LAs as household waste collection and disposal authorities responsible for household waste services reprocessors and exporters the ‘appropriate agency’—in England, the Environment...
Waste Electrical and Electronic Equipment Regulations 2013 (SI 2013/3113), as amended, implement Directive 2012/19/EU (recast WEEE Directive) and replace the Waste Electrical and Electronic Equipment Regulations 2006 (SI 2006/3289). Rooted in the principle of ‘extended producer responsibility’, they place obligations on producers to manage the environmental impacts of their products, particularly at the ‘end of their life’ when they become waste. Producer compliance schemes Under WEEE 2013, reg 14, any producer placing five tonnes or more of EEE on the UK market in a year must join a Producer Compliance Scheme (PCS). A PCS supports compliance and arranges for collected WEEE to be sent to an Approved Authorised Treatment Facility (AATF) or an Approved Exporter (AE) for treatment in the UK or overseas. For further details on producers’ duties, see Practice Note: WEEE—producer obligations. Applications for approval A PCS must be approved by the Environment Agency (EA) for applicants based in England, and by Natural Resources Wales (NRW) for applicants based in Wales...
The Waste Electrical and Electronic Equipment Regulations 2013, SI 2013/3113 Waste Electrical and Electronic Equipment Regulations 2013 (WEEE 2013), SI 2013/3113, gave effect to Directive 2012/19/EU, the recast WEEE Directive, while revoking and superseding the Waste Electrical and Electronic Equipment Regulations 2006, SI 2006/3289 (WEEE 2006). The recast WEEE Directive, and by extension WEEE 2013, rest on the concept of 'extended producer responsibility'. Under this approach, producers must accept accountability for the environmental consequences of their products, particularly at the 'end of their life' stage, ultimately, when items transition into waste, i.e., waste electrical and electronic equipment...
Definitions Environment – any or all of the following media: (a) air, including air inside buildings or other structures and at levels below or above ground; (b) land, covering buildings and any other structures or erections upon, in or beneath it, together with soil and anything beneath the land's surface; and (c) water, including groundwater and surface water, plus any ecological systems or living organisms (humans included) sustained by those media. EHS Laws – all relevant legislation (whether civil, criminal or administrative), statutes, statutory instruments, directives, regulations, common law, codes of practice and guidance notes (having legal effect), and any instructions or decisions of any court or regulatory authority that concern EHS Matters. EHS Matters – any issues connected with the Environment, energy efficiency, climate change, or health and safety...
Definitions Environment • any of the following media: (a) air (including air inside buildings or other structures, whether below or above ground); (b) land (covering buildings and any other structures or erections on, in or beneath it, together with soil and all sub-surface features); and (c) water (both groundwater and surface water); plus any ecological systems or living organisms (humans included) sustained by those media. EHS Laws • all relevant legal requirements—civil, criminal or administrative—comprising statutes, statutory instruments, directives, regulations, common law, codes of practice and guidance notes with legal effect, and any orders or decisions of any court or regulatory authority that concern EHS Matters. EHS Matters • any issues connected with the Environment, energy efficiency, climate change or health and safety. Environmental Permit • any permits, licences, authorisations, approvals, permissions, certificates, registrations, notifications, exemptions or consents required by the Company in respect of the use of Properties or the carrying on of the Business under EHS Law. ...