Climate protection without complications - we simplify the process
Climate change is putting increased pressure on our infrastructure, and the need for effective climate protection projects is greater than ever. With rising water levels, heavy rainfall and flooding, solutions must be not only technically sound, but also legally secure. It can be difficult to navigate the many laws and regulations that often overlap and create uncertainty for both public and private players.
At Horten, we have many years of experience in handling the legal aspects of climate protection projects. We help you get a handle on tenders, environmental approvals, financing and cooperation agreements - and create clarity in complex rules and contractual relationships.
We know how important it is to get all the pieces to fit, which is why our advice is always tailored to the individual needs of the project. Horten can assist from planning to implementation, and we help ensure that the project is established on a secure legal basis.
Our climate protection advice includes:
- Advice on all regulatory and contractual matters in connection with the establishment, operation and maintenance of climate adaptation projects, including the drafting of contracts and assessment of questions regarding the state’s, municipalities’ and utilities’ authority to participate in climate adaptation projects.
- Advice on all aspects of procurement law, including the organisation of climate adaptation projects and the planning and implementation of tender procedures.
- Environmental law advice on climate adaptation, including planning law, construction law, EU law, environmental assessments, land and rights issues, land registration, waterway legislation and road law.
- Utility law clarification of issues relating to wastewater companies' legal authority and advice on the co-financing rules, the Executive Order on costs, the Executive Order on service levels, the framework for the exercise of related activities and the financial framework.
- Contract law issues in connection with the completion of projects.
- Litigation, complaints and other dispute resolution. We have experience in handling disputes in connection with climate adaptation projects.
Climate protection of cities
With expertise in wastewater infrastructure, we advise municipalities and wastewater companies on changes needed to handle increased water volumes and reduce the risk of flooding and environmental damage. This can involve replacing old pipes, adapting capacity and implementing new technologies to optimise water drainage systems.
For example, projects where a wastewater company replaces the old pipe network with an up-to-date one that is dimensioned according to current standards. In this context, we advise municipalities and wastewater companies, e.g. on (wastewater) planning, legal authority, discharge licences, the Executive Order on costs, contracting and project implementation.
We also advise municipalities and wastewater companies on all aspects of roof and surface water management in connection with urban development.
Coastal protection projects
Coasts are at an increasing risk of flooding and erosion, threatening homes and infrastructure. To address these challenges, coastal protection projects need to protect against flooding and preserve the coastline.
These projects can include the construction of dikes, locks and other types of defences that protect against wave action and flooding. In addition, methods such as sand feeding, where sand is transported to beaches and coastal areas to rebuild or maintain the coastline, are also used.
Financing coastal protection projects is often a complex challenge. The cost of constructing and maintaining these structures can be significant, and a balance may need to be struck between public funds, private funding and possibly international sources of support, especially in the case of regional or cross-border projects.
When it comes to sharing the costs between the potential stakeholders involved, disagreements easily arise as to who should pay what.
At Horten, we provide holistic advice covering both the financial and regulatory aspects of coastal protection projects. Our expertise spans multiple areas to ensure that projects are planned, financed and implemented in an efficient and sustainable way.
Waterway projects
Waterways play a crucial role as natural rainwater drainage systems, but with increasing rainfall, changes to the structure of waterways are often required to deal with these challenges effectively.
Horten advises municipalities and wastewater companies in connection with planning and completion of projects at waterways. This may include changes to the course of the waterway, installation of locks or other technical solutions that enable better regulation of the water flow.
We advise on the complex regulatory framework that regulates activities in and around waterways, including the Waterway Act and the requirements of the national water plans. Our expertise in waterway legislation ensures that projects are carried out in accordance with existing rules and regulations.
Climate protection of road areas
When climate projects take place in areas where roads have been built, a new aspect of the law comes into play. This is because road areas are regulated by, among other things, the Private Roads Act and the Road Act, which set a special framework for this type of work. Climate projects in road areas can, for example, be the so-called LDR projects (Local Drainage of Rainwater).
Horten has been working in this area for a long time and has experience in establishing climate projects in road areas and also in working with interfaces to other legal areas.
Cloudburst projects
Cloudburst projects can consist of so-called cloudburst tunnels, which are designed to collect and store cloudburst water until the connected wastewater treatment plants have the capacity to treat the water.
In these cases, it is relevant to clarify how agreements that regulate the cooperation between the municipality and the wastewater company should be designed.
As the tunnels are underground and may interfere with existing privately owned underground utility lines, issues related to the right of way may arise. Ultimately, expropriation may be required if agreement cannot be reached with the utility owners.
Horten has experts who deal with right of way and expropriation issues, and we are therefore well equipped to prepare municipalities and wastewater treatment plants.