The firm also has considerable expertise in advising on environmental laws and regulation in Nigeria applicable to mining and Oil and Gas exploration especially in relation to the protection of host community rights. We guide our clients to ensure their adherence and compliance with the state and national environmental standards such as the National Environmental Standards Regulations and Enforcement Agency (Establishment) Act 2007 (NESREAA).
We advise our clients on international environmental conventions, treaties and protocols to which Nigeria is a signatory. Our practice covers specific areas relating to compliance with environmental laws and regulations applicable to extractive and explorative sectors such as the Environmental Impact Assessment Act, Harmful Waste (Special Criminal Provisions etc.) Act, National Oil Spill, Detection and Response Agency Act (NOSDRA), Water Resources Act, Associated Gas re-injection Act, Oil In Navigable Waters Act.
The firm helps clients work with relevant oversight regulatory agencies to pre-qualify for and obtain requisite permits, waivers and licenses to bring clients’ operations in line with governing legislation, regulations and protocols of regulatory bodies like the National Environmental Standards and Regulations Enforcement Agency (NESREA), National Oil Spill Detection and Response Agency, Federal Ministry of Environment, Directorate of Petroleum Resources (DPR), Federal Ministry of Water Resources, National Oil spill Detection and Response Agency (NOSDRA), National Biosafety Management Agency, Energy Commission of Nigeria among others.
We work actively with our clients, to formulate and implement environmental compliance strategies, policy documents and process flow. The firm; regularly defends clients’ interest in any negotiations, inspections, compliance monitoring exercise, legal action and/or prosecution by regulatory bodies. We advise and guide clients on compliance with enforcement notices and rectification of prohibition, revocation, suspension and variation of license or permit conditions including approaching the superior courts of record to lift any administrative injunctive orders and negotiate terms of remediation where necessary.
As experts in environmental law, we are always mindful of the importance of conducting a pre-acquisition due diligence on environmental liability in asset sale transactions. Whilst carrying out due diligence for clients in joint ventures, mergers and acquisitions and asset sale transactions. We investigate and report on the client’s risk exposure and level of compliance with relevant and applicable legislations, protocols, and individual and host community rights. Our clients are therefore better prepared to pre-empt extant and likely environmental risks and liabilities.