Waste, Environment and the Circular Economy

At ByrneWallace LLP, our Sustainability & ESG team assists clients in developing sustainable strategies that comply with environmental regulations, and promote resource efficiency. Our goal is to help your business thrive in the circular economy while minimising the environmental impact and mitigating risks. 

• We advised a public sector client on ESG in public procurement with regard to applicable European law (e.g. the 2014 EU Public Sector Directive) and guidance (e.g. Buying Social – A guide to taking account of social considerations in public procurement – Second edition) and Irish law (e.g. the Public Contracts Regulations) and guidance (e.g. Circular 20/2019 on Promoting the use of Environmental and Social Considerations in Public Procurement).

• We currently act for An Bord Pleanála in defending a portfolio of High Court Judicial Review cases involving complex environmental matters including, whether the EIA Directive had been complied with and whether a lawful screening for Environmental Impact Assessment had been undertaken.

• We currently act for the Environmental Protection Agency (EPA) in relation to their finance and security-related requirements. Including:

• advising the EPA on the implementation of their financial provisioning requirements pursuant to EPA guidelines for managing environmental risks, protection of the environment, and minimising the exposure of the State to the cost of remediating environmental damage and pollution that can result from licensee breaches, or from failure to properly comply with EPA requirements under environmental licences;

• advising the EPA on the perfection of security to fully and adequately secure against the cost of potential remediation due to environmental incidents, as well as the costs of site closure at the end of the operating life of a licensed facility; and

• advisory work in relation to financial instrument instruments and template documentation. 

• We advised one of the Irish pillar banks on the green loan aspects of a development finance facility to a large waste management group in connection with the construction of a materials recovery facility as part of the transition to a circular economy.

• We advised a statutory body on ESG procurement and the development of ESG policies and practices, and provided comprehensive advice on the EU and domestic legislative environmental framework.  

• We advised a global supply-chain logistics company on the ESG Regulatory framework, including obligations pursuant to the European Union (Packaging) Regulations 2014 to 2022 and European Parliament and Council Directive 2004/12/EC on packaging and packaging waste in the context of its ESG partnerships in Ireland.

• We advised a statutory body in relation to the public procurement matters including the use of green procurement award criteria in relation to the delivery of a hub in North Dublin.

• We acted for Re-Turn, Ireland’s new national Deposit Return Scheme, on its €27.5 million financing by Bank of Ireland for the development and rollout of the Scheme, which was established to help Ireland achieve EU recycling targets for the estimated 2 billion drinks bottles and cans that are consumed in Ireland every year.

• Many of our clients are focused on delivering sustainable works projects. We advised a leading retailer on infrastructure works related to the Deposit Return Scheme.