Dewey & LeBoeuf

Nicholas Rock

Partner

Nicholas Rock is a partner in the firm's London office with over 20 years' experience in general commercial litigation and all areas of contentious and non-contentious Environmental & Climate Change law. He is co-head of the firm's Environmental Litigation Practice Group, a leading member of the Renewable and Clean Technology Group and a partner in the firm's global Litigation and Environment Departments.

Non-contentious work

On the non-contentious side, he has extensive experience of handling the environmental, health & safety and planning aspects of complex commercial transactions and large projects, particularly in the energy sector. He has, for example, acted for developers, operators, lenders, private equity investors and others in the development, disposal, acquisition, financing and/or decommissioning of power stations and related infrastructure, wind, solar, biomass, bioliquids and biofuels facilities, oil refineries, petrochemicals facilities, mines, paper mills, manufacturing facilities, landfill sites, waste transfer stations and recycling plants.

He also has extensive experience of handling soil, water, air quality and natural habitat pollution issues, permitting issues, environmental impact assessments, waste management issues and in the remediation and redevelopment of large brown-field sites, most notably representing BP for a number of years in designing and implementing unique and award winning environmental risk transfer solutions in relation to BP's extensive property portfolio.

Nick also has considerable experience in climate change law and practice. He has advised many companies on their participation in the regulated and voluntary carbon markets, including in particular the EU Emissions Trading Scheme and has represented clients participating as project developer, financier and/or off-taker in CDM and JI emissions reductions projects in China, Mexico, Brazil, Russia, Israel, Bulgaria, Botswana and elsewhere.

Contentious work

On the contentious side, Nick has two decades' experience of handling domestic and international litigation, arbitration and mediation, especially in the fields of banking, fraud, professional negligence and environmental law, as well as lobbying on behalf of clients before domestic government, the EU Commission, Parliament and Council.

According to Chambers and Partners and the Legal 500 guide "the ‘outstanding’ Nicholas Rock is ‘an extremely competent draftsman, and a persuasive, but fair, negotiator’ "he is an excellent negotiator who is very effective at achieving great results." "wins praise for "business-oriented outlook" and ability to "quickly distinguish what is important and what isn't" “exudes “star quality” ... “an invaluable sounding board…a tough negotiator”.

Representative Matters

Transactions, projects and advisory work

Representing the seller on the disposal of various European chemicals manufacturing facilities;
Advising a wind energy developer in relation to permitting and environmental impact assessment concerning a series of wind farms in South Africa;
Advising various clients in connection with compliance issues under the REACH chemicals regime and EU General Product Safety Directive;
Representing a private equity buyer in its bid to acquire a large portfolio of downstream assets in South East Asia from one of the oil majors;
Representing Vedanta Resources on its US$1.34bn acquisition of Anglo American's zinc mine assets in Africa and Ireland;
Representing the purchaser on the acquisition of a fuel storage, blending and recycling facility in south-west England;
Representing the developer of a solar energy farm in North Africa and advising as to the drafting of appropriate new national renewable energy laws and feed-in-tariff legislation for the relevant state;
Representing an oil major in relation to the disposal of its entire portfolio of 14 disused refining and other assets in England, Scotland and Wales;
Representing the landlord in relation to the grant of an "oven ready" long lease of part of a former petrochemical complex to the developer of a new CCGT power plant;
Successfully lobbying the UK government to secure legislative changes to ensure a client's receipt of appropriate duty exemptions and renewable transport fuel certificates in respect of its supplies of biodiesel made from 100% hydrogenated biomass;
Representing a joint venture company on the divestiture of certain UK-based wind farms;
Advising BP Oil Llandarcy Refinery Limited on the sale and redevelopment of the former Llandarcy oil refinery in South Wales as a 1000 acre new urban village (winner of BP "Helios" award for progressive project of 2008 and Real Estate Deal of the Year by The Lawyer);
Advising Bassell NV on its acquisition of the Berre l'Etang petrochemical complex and associated pipelines, depots and terminals in France from Shell;
Advising funders in connection with the acquisition of a nuclear waste services and consultancy company;
Advising on the environmental aspects of various financings in the waste management sector by a UK bank;
Advising the purchaser on the acquisition and remediation of a portfolio of 22 petrol filling stations across the UK, including negotiation of third party off-site environmental liability insurance for each site;
Advising the purchaser on the acquisition of a 215MW Combined Heat and Power (CHP) plant in north west England from Administrative Receivers;
Acting for the purchaser on the acquisition of a 133MW Combined Heat and Power plant and associated infrastructure in north east England;
Acting for the purchaser on the acquisition of an 800MW Combined Cycle Gas Turbine power plant in the UK; and
Negotiation of the environmental and planning aspects of a major PFI project for the provision and maintenance by private contractors of new and refurbished army barracks at various major military sites in England.

Climate change & carbon markets work

Establishment of a new carbon credit trading company and the preparation of model contractual documentation;
Negotiation of an ERPA and Carbon Services Agreement in relation to a coal mine methane CDM project in China;
Advising the operator of a large CHP plant in relation to proposed "green/brown" power swapping arrangements;
Advising a US utility in relation to structure, set-up and regulatory issues relating to various emissions reduction projects under the Kyoto Protocol's CDM and, separately, on the potential acquisition of a 51% shareholding in a CDM project development company developing approximately 100 CDM projects worldwide;
Representing a Finnish energy company on the development of a Joint Implementation project in Russia;
Advising clients in the aviation and shipping sectors on the implications for their business of the European Commission's proposals to include the aviation and shipping sectors in the EU Emissions Trading Scheme and lobbying on their behalf in this regard before the EU Commission, Parliament and Council;
Negotiation of an EU ETS allowance management agreement with the O&M contractor of a large combined cycle gas turbine power station;
Advising an oil company and, separately, a power company in negotiation of carbon dioxide credit (CER/EUA) swap transactions and other carbon trading arrangements with various industrial and financial institution counterparties;
Advising the project developer on the generation of CDM carbon credits from a coal bed methane fired CCGT project in Botswana;
Representing seller on the generation and sale of ERU credits under the Kyoto Protocol's "joint implementation" mechanism in relation to a 150 MW wind farm development in Bulgaria; and
Lobbying of the UK Government on behalf of clients in relation to the proposed Community Energy Savings Programme (CESP).

Litigation and dispute resolution work

Acting for an industrial client in defence of proceedings in nuisance relating to allegations of noise, dust and odour emissions from the defendant client's plant;
Successfully defending a leading European bank before the English High Court and Court of Appeal in defence of allegations of misuse of confidential information;
Successfully defending a fuel supplier in proceedings commenced by the Environment Agency regarding suspected breaches of the Environmental Permitting Regulations 2010 and Hazardous Waste (England and Wales) Regulations 2005;
Acting as UK counsel and coordinating worldwide counsel on behalf of a major Russian bank in extensive litigation in England, Isle of Man, BVI, Cyprus, Russia, the US and elsewhere to recover defaulting loans totalling close to £3billion including obtaining worldwide freezing orders and enforcing default and summary judgments in multiple jurisdictions;
Representing the claimant in a rights of light dispute concerning a major new development in the City of London;
Advising the operators of a UK CHP in resisting competing claims to title to on-and-off site Climate Change Levy Exemption Certificates (LECs);
Representing a UK power plant operator in the successful defence of proceedings in the English High Court relating to disputed title to EU ETS emissions allowances worth approximately £150 million;
Advising a major bank in its role as Security Agent to various secured lenders in relation to the distribution of more than US$300 million in insurance monies to competing creditors following the sinking of a major drilling platform;
Representing various clients in connection with land and water remediation requirements imposed by environmental agencies in respect of contaminated land and water pollution;
Acting for the joint owners of a CCGT power station in Pakistan in High Court proceedings against construction insurers in relation to construction delay insurance claims worth approx US$2 million;
Judicial review of national carbon dioxide emissions allowance allocation methodology decisions on behalf of several industrial clients dissatisfied with their allowance allocations under the European Emissions Trading Scheme; and
Defending civil proceedings in negligence and nuisance relating to significant property damage and business interruption losses arising out of a major water pollution incident.

Selected Activities

Member, The Law Society of England and Wales
Member, United Kingdom Environmental Law Association (UKELA)
Member, Royal Aeronautical Society's "Greener By Design" Advisory Committee (on sustainable aviation and emissions trading)
Member, Combined Heat & Power Association
Member, Renewable Energy Association
Editorial Advisory Board, PLC Environment