ECO-COMMERCE – THE NEW POWER CHALLENGE FOR THE LEGAL PROFESSION

Robert Palmer once admitted in song that he was addicted to love. Recently George Bush admitted (finally), what everyone else in the World seemed to have known for years, that America was addicted to Middle East oil. The consequences of America’s long time addiction to Middle East oil and other fossil fuel supplies and indeed of the World’s addiction to these carbon based fuels has been a slow but debilitating affect on our climate. The World is a warmer place and getting warmer because of the release of green house gasses from the use of oil and coal as primary fuel sources by countries throughout the World.

In the UK the Government has introduced, over the last few years, numerous initiatives to promote the use of renewable energy sources such as wind and solar energy and the harnessing of wave power and tidal surges in river estuaries throughout the UK. The most noticeable affect of this policy and perhaps a sign of its growing success is the proliferation of wind turbines throughout the UK.

The first wind farm was set up in the UK in November 1991. Now there are over 1,100 wind turbines operating from over 80 sites in the UK providing about 0.5% of the UK’s electricity.

The Governments recent Energy Review has set a target of producing 20% of the UK’s energy from renewable resources by 2020 up from 4% now.

Some people see wind power as an opportunity others a (different) threat to our environment.

Enterprising land owners see wind power as an opportunity. Wind power generation should not be seen solely the province of the countryside. Opportunities exist in virtually every urban landscape for the exploitation of wind power. These are known as micro generation capabilities. A prime example of what the Government would like can be seen in Japan where railway stations have small but numerous wind turbines on their roof generating power used to run the station facilities. Displays show the travelling public how much renewable energy is being used at any one time.

Wind power generation companies (no doubt encouraged by government policy) are prepared to pay to establish wind farms of one or more turbines in suitable areas. Given the ’anti’ lobby, and despite government policy, the establishment of a wind farm can often be a difficult process. Novel agreements with wind power generation companies and planning difficulties lie in wait for the unwary or ill advised.

Specialist advice in the establishment of any wind farm project is essential. Elaine Carson, head of Commercial Services at Sandersons Solicitors Hull, is one of only a handful of lawyers in our region with experience of handling these type of projects on behalf of clients. Elaine confirmed that her experience has shown that what is required to establish a wind farm project is a close and detailed co ordination of a number of key Government and local agencies who, in effect, should be seen as stakeholders in the project. The, sometimes, competing objectives of the land owner and the power generation company need to be reconciled in a way which preserves and enhances value for both parties. Planning is always likely to be an issue. Public opinion is important in relation to the planning process. The wind farm companies are keen to try to persuade the public that wind power is environmentally friendly and of benefit to everyone in the longer term.

There is no doubt that this new dawn of alternative renewable power generation which is focussed away from the concentrated carbon based power generation projects of the past has thrown up new and complex challenges which only a few lawyers have experienced and/or have acquired the necessary skills and expertise to cope with. Elaine’s view firmly is that specialist advice is a ‘must’ for both sides to ensure that any project is successfully established and has a long-term chance of success the benefits of which are shared by all the stakeholders.

Contact Elaine Carson

Sandersons Solicitors

17-19 Parliament Street

Kingston upon Hull

HU1 2BH

Tel 01482 324662

Fax 01482 223110

Email: enquiries@sandersonssolicitors.co.uk

Source: Commerce & Industry, September 2006