Overview & Experience

Our Environment-related experience pools together a significant group of expert lawyers. The legal services we provide in the environmental sector extend to every aspect of environmental law, from performing extensive environmental analysis together with well known international environmental auditors and regulatory counselling, to assisting and negotiating the transfer of environmental liabilities from past polluting activities, assisting our clients in the issuance of complex environmental operating permits, authorizations and licenses for their industrial projects.

We are committed to assisting our clients in the challenges posed by ever-stricter national and European environmental regulation. During the last decade, we have gathered significant expertise in the environmental sector, as many foreign and Romanian companies moving to consolidate and expand their operations are bound to comply with the new Romanian environmental requirements, implemented following the massive regulatory changes that took place as a result of transposing EU environmental legislation. Our team contributes substantial expertise and a high level of technical understanding to this complex and rapidly changing area of law. Our lawyers are recognized lecturers, trainers and speakers in various conferences, seminars, workshops and round-tables organized on environmental issues.

IULIAN POPESCU
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Partner

Areas of practice: Corporate & Commercial Law, Mergers & Acquisitions / Privatisation, Telecom, IT & Media, Shipping, Aviation & Transport Law, Environment

Phone: +40 21 202 59 28

Fax: +40 21 223 04 95

E-mail: iulian.popescu@musat.ro

Address: 43 Aviatorilor Boulevard, 1st District, Code 011853, Bucharest, Romania

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A selection of our recent instructions includes advising:

  • The largest Romanian heating power producer and a giant in the power industry (owning more than 10 heating power plants, with hundreds of employees and real estate assets) during the voluntary winding-up as the last stage of reorganization. Amongst the various parts of our mandate, our environmental team was particularly involved in assessing and addressing the environmental liability of the company and of its various high risk assets (thermal power plants and associated storage or operational sites); this has been done as part of the legal due diligence exercise and also as part of the regulatory compliance associated with the assets realization strategy, by keeping a close collaboration with the local environmental protection agencies and technical environmental experts.
  • A leading international provider of facilities solutions to the oil & gas production and processing industry in connection with the implementation of the production enhancement contract awarded by an international oil & gas company for the re-development of nine mature oilfields in Romania. Legal work includes assistance in various environmental matters ranging from regulatory advice on to preparing and follow-in up contracts for the environmental compliance associated with the production sites, transport facilities and other environmentally concerned activities of the company. Our mandate included assistance with respect to historical pollution events and risk/mitigation related to current activity, which required urgent response from our specialized attorneys.
  • A global leader in the design, development and manufacturing of safety-critical automotive components and systems in connection with the acquisition of an important company, together with its subsidiaries (indirect acquisition of the Romanian affiliated company). Our legal work included an extensive due diligence exercise on relevant environmental liability and permitting matters for the operation of the Romanian facilities.
  • A publicly traded American multinational agrochemical and agricultural biotechnology corporation in relation to the major restructuring process of its Group subsidiaries. Our legal team advised the client by means of an environmental due diligence report drafted in connection with the company’s Romanian subsidiary.
  • The Romanian Authorities and an important company for the National Power System, in relation to the company’s share capital increase, through the issuance of new shares and the sale of a 51% stake to a foreign investor. Our mandate also included the performance of a comprehensive due diligence in relation to the environmental liability of the company.
  • A leading State-owned energy producer, as part of an international consortium, in connection with the construction of a Hydropower Plant, with an installed capacity of 1,000 MW, and estimated to require an investment in excess of EUR 1.3 billion. Leading work included a comprehensive due diligence exercise on relevant environmental liability and permitting matters for the operation of the proposed hydroelectric pumped-storage green field project.
  • Italy’s largest power company and the second largest utility one listed in Europe on the successful EUR 932,000,000 privatization of three of the most important players in the distribution, electric power supply and energetic services sectors in Romania. We advised the client on all environmental legal matters related to the transactions.
  • A major Canadian mining group in relation to the exploration and exploitation of a large mining site in Romania. We assisted the client through all the stages of the most extensive environmental impact assessment procedure ever conducted in Romania, as well as in all other matters related to environmental permitting and compliance, including Romanian and EU standards and BATs.
  • A leading Australia-based mining company specializing in copper in connection with its bid for the privatization of an important company which holds the mining rights to the largest copper deposit in Romania, accounting for some 60% of the total national copper reserves. Legal work included performing an in-depth due diligence process in connection with the current environmental condition and the environmental compliance issues, with particular focus on a full range of permitting requirements in relation to the future operation of the company.
  • A leading European utility company during all the requisite procedures related to obtaining all the environmental permits required to implement the client’s wind power projects in Romania and other environmental issues related to the project. The process involved extensive environmental due diligence exercises, scheduling, implementation and risk management of the permitting process.
  • The world’s largest offshore drilling contractor in connection with the environmental issues related to its prospective drilling operations in the Romanian exclusive economic zone of the Black Sea.
  • A major investor in green energy projects in connection with various environmental issues related to the development of several wind farm projects in Romania, including obtaining the environmental permits, providing legal advice with regard the acquisition of the wind turbines necessary for implementing the project, as well as day-to-day legal assistance.
  • A leading carbon asset broker in Eastern European countries in connection with the implementation of the first transactions in Romania under the European Union Emissions Trading Scheme concerning greenhouse gas emission allowances for 2008-2012. We advised on relevant national and EU legislation in connection with the EU-ETS trading scheme, providing legal opinions on the validity of transactions and the capacity of Romanian counterparts and participating as speakers in joint conferences on the implementation of the trading scheme and the mechanisms of the Kyoto Protocol in Romania.
  • The Romanian subsidiary of the largest European household appliances producer in connection with the environmental liabilities entailed by the sale-purchase by historical contamination.
  • One of the world’s largest providers of products and services to the oil and gas industry in connection with all environmental considerations involved by a contemplated acquisition of a division in a major Romanian oil company.
  • A Romanian metallurgic producer in connection with the company’s integrated environmental authorization and permitting requirements, as well as assessing the consequences and the environmental obligations arising from mandatory Romanian legislation.
  • The world’s leading integrated steel and mining company on all environmental legal matters related to the acquisition of the largest Romanian steel producer, well-known as the local State-owned company with one of the biggest past pollution liabilities; further advising on the environmental legal issues related to the acquisition of other Romanian steel producers.
  • One of the largest independent oil and gas producers in the world in connection with its bid for the privatization of the biggest oil company in Romania. We advised the client on all environmental legal matters arisen from the project (including permitting, EU regulation impact, past pollution coverage, third party liabilities, etc.).
  • A leading construction company active in all fields of the construction industry in connection with soil contamination with volatile organic compounds, including performing a risk assessment considering the relevant Romanian and EU legal requirements.
  • A major global industrial conglomerate, involved in consumer and defence electronics in connection with their joint venture with a leading Romanian manufacturer of components for the aircraft industry. We advised the client in the extensive environmental due diligence performed on the relevant site and supervised the activity of the international environmental auditors appointed by the client to perform technical inspections on the site. We also assisted our client in the negotiation of past pollution liabilities and issuance of the necessary environmental permits.
  • One of the world’s leading pharmaceutical producers for an extensive environmental due diligence in connection with the acquisition of the largest private pharmaceutical groups of companies in Romania.
  • The largest France-based company for water distribution, for an extensive environmental due diligence in connection with the privatization of the Romanian Public Water Corporation.
  • The operator of a gold facility production in Baia Mare, in connection with an extensive environmental due diligence and advice on various environment-related matters.
  • Retained for the performance of an extensive environmental due diligence in connection with the privatization and private sale of three major State-owned companies specialized in chemical production.

Accolades 
Muşat & Asociaţii has “a dominant share of the country's business” and “garners much respect from its competitors and clients.” Source: IFLR 1000

Muşat & Asociaţii has been described as a “one stop shop law firm with the ability to provide us with all the services we need” by one client. Source: IFLR 1000

Sources say: “We choose Muşat & Asociaţii because of its impeccable service. Prompt, innovative and practical, it always suggests several solutions to fit our business strategy.” Source: Chambers Europe

“This firm is involved in some of the biggest cases, which are often the first of their kind” say peers. Source: Chambers & Partners

Clients believe the firm to be “professional, with a great team of lawyers displaying depth of knowledge.” Source: Legal 500

One client comments that the “service they provide is excellent and we always feel confident that what we ask from them will be delivered.” Source: Legal 500

Clients about Muşat & Asociaţii’ lawyers: “High level of professionalism and involvement, innovative spirit and original solutions.” Source: Chambers & Partners

Muşat & Asociaţii has “a dominant share of the country's business” and “garners much respect from its competitors and clients.” Source: IFLR 1000

Muşat & Asociaţii has been described as a “one stop shop law firm with the ability to provide us with all the services we need” by one client. Source: IFLR 1000

“This firm is involved in some of the biggest cases, which are often the first of their kind” say peers. Source: Chambers & Partners
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