Green Guide Profile: Harper Macleod LLP

Leading Scottish law firm Harper Macleod LLP stands out for its groundbreaking work in the areas of environmental litigation, sustainable land development, and renewables.

In environmental litigation, key contact Jennifer Jack in Edinburgh is leading the firm’s advice to Greenpeace UK in both a statutory appeal to the Inner House of the Court of Session and a Judicial Review challenging consents by the UK Government to allow BP, Ithaca Energy and Shell UK to produce oil and gas from the Vorlich and Jackdaw oil and gas fields respectively. The issues raised in these cases are highly significant in the context of the climate emergency and the UK’s climate commitments.

In the sustainable land development space, Glasgow-based Tom Gray  recently assisted Forestry and Land Scotland with the major £17.6m acquisition of an 8,500 acre sporting estate in Angus to enable woodland creation, peatland restoration, and biodiversity projects.

In the energy sector, senior partner and key contact David Bone (also in Glasgow) recently acted for Foresight Energy Infrastructure on the acquisition of the project rights for a co-located pumped storage hydro plant and wind farm near KirkConnel, Dumfries, and Galloway. The innovative project, which has the potential to power more that 289,000 homes every year, stores power during periods of excess energy supply and releases stored energy at times of peak demand.

Internally, the firm seeks to achieve net zero by 2045 and has an ESG framework which includes its sustainability policy, public transport first policy, and carbon reduction plan.

Gray is a member of the Royal Highland and Agricultural Society of Scotland, and Bone recently chaired both the 2022 Scottish Highlands Renewable Energy Conference and the judging panel at the 2022 Highlands & Islands Renewable Energy Awards.

Responsibility for Harper Macleod’s environmental impact cuts across many different areas of the firm. Martin Darroch, chief executive, is responsible for the firm’s governance, environmental and social impact. Harper Macleod’s sustainability group delivers a programme of client, colleague and community initiatives and is made up from a cross section of the business.  

Harper Macleod’s roster of clients with an interest in the natural environment is unmatched in Scotland.  

Environmental litigation is led by partner Jennifer Jack who is recognised by Legal 500 as a recommended lawyer for Environment. Jennifer deals with environmental challenges and disputes, particularly Judicial Review, Appeals and Inquiries into decisions of public authorities, regulators, courts and other tribunals. She has an outstanding record of success in winning cases for public sector clients and is one of a handful of Scottish solicitors with experience of litigating in the UK Supreme Court and Court of Justice of the European Union. Jennifer also advises Greenpeace in relation to litigation arising from the climate emergency, including raising a statutory appeal to challenge the grant of licenses for new exploration for and extraction of oil in the North Sea.  

Tom Gray is a partner in the Rural Property team and specialises in sustainable land development and natural capital. Tom is a recommended lawyer for Agriculture and Estates and takes a lead role in promoting the firm’s natural capital offering and acts in a high number of acquisition and disposal transactions under Forestry and Land Scotland’s Low Carbon Investment Fund. Since 2017, Tom has completed the acquisition and disposal of more than 10,000ha of mixed forestry with a combined value of more than £45m, enabling FLS to successfully invest in new woodland creation to meet the annual target of planting new woodland set by the Scottish Ministers. 

Omar Ali is a partner with more than 15 years’ experience in renewable energy acting for a variety of developers, landowners and funders in large and small-scale projects including offshore and onshore wind, hydro, solar pv and battery storage. Omar also advises clients in relation to grid connection arrangements. 

Chris Kerr is Harper Macleod’s lead partner in the Highlands, Islands and Moray. He leads the firm’s marine economy group, advising ports & harbours, aquaculture and the supply chain, all of which have a significant role to play in achieving net zero goals.   

At Harper Macleod, we put climate change at the heart of our practice. Our specialists throughout the firm advise organisations and businesses across Scotland and beyond on issues which affect and are affected by the need to make significant changes to the way we all do things. 

Our lawyers know the challenges and opportunities that tackling climate change and hitting net zero targets bring across civic and corporate Scotland. That work permeates through a wide range of practice areas including corporate, housing, public sector, commercial and residential property and the rural and marine economies.  

Although reaching net zero involves changes in many areas, the way we harness and use our energy & natural resources will have a big part to play, with renewable energy to the forefront.  

With an award-winning and fully integrated Energy and Natural Resources team, Harper Macleod is well placed to play its part in the transition to a greener economy. 

Has your firm established a dedicated ESG/climate change/sustainability practice, team or task force? 

Our approach to climate change and sustainability can be viewed from three different perspectives – the impact we have on our clients, our colleagues and our communities.  

From a client perspective, we believe we are Scotland’s leading law firm when it comes to ‘green’ law and engaging with sustainability. We put climate change at the heart of our practice and much of the work we do has a strong environmental component with a focus on protecting our natural capital with nature-based solutions to climate change. This covers a wide spectrum including renewable energy, afforestation, peatland restoration and changes in farming practices. We are particularly strong in renewable energy and have now advised on projects delivering around half of Scotland’s built renewable electricity capacity. Our environmental litigation team is one of the strongest in Scotland.  

From a colleague perspective, we aim to make a positive contribution towards a greener planet in our internal practices and policies, with the aim to achieve net zero by 2045. Our net zero journey is underpinned by our ESG framework, which includes the following policies: 

  • Sustainability Policy  
  • Carbon Reduction Plan 
  • ESG Route Map 

The framework is reviewed and updated annually. It commits us to sustainable practices and minimising our environmental impact. A particular highlight is our energy usage. Since 2018, we have reduced electricity consumption by 21% (Boxfish 2021/22 report) and total emissions by 46%.  

We have an employee-led Sustainability Group that works on various grassroots sustainability initiatives. This group meets monthly and is currently implementing and planning a number of projects. 

Lastly, we recognise the environmental impact we make on our communities. We are strong advocates of sharing knowledge and creating forums for clients and other stakeholders to come together to share best practice. In the last year, we have held a number of headline events where environmental impact and sustainability have been central to the discussions:  

  • The Blueprint: A forum for public sector construction professionals to discuss how to contribute to net zero ambitions. The Blueprint report can be accessed here https://www.harpermacleod.co.uk/insights/the-blueprint/. We are running The Blueprint again in February 2024. 
  • Scotland’s natural capital: We hosted two roundtable events to discuss how Scotland’s natural resources can be maximised and managed responsibly, with a focus on peatland restoration and woodland creation. A report from these discussions can be read here https://www.harpermacleod.co.uk/insights/scotlands-natural-capital-report-2/   
  • Scotland’s two new Green Freeports: As part of our third annual Marine Economy Week, we brought together key stakeholders with an interest in these two new trading zones, which will have an important part to play in the future of Scotland’s transition to net zero. A report from these discussions can be read here https://www.harpermacleod.co.uk/mew-23-green-freeports   
  • National Housing Conference: The 20th edition of the National Housing Conference played an important part in setting out the role of ESG & sustainability in Scotland’s social housing. https://www.harpermacleod.co.uk/events/nhc/  

What type of work do you handle in connection with “green change”? 

At Harper Macleod, we put climate change at the heart of our practice. Our specialists throughout the firm advise organisations and businesses across Scotland and beyond on issues which affect and are affected by the need to make significant changes to the way we all do things. 

Our lawyers know the challenges and opportunities that tackling climate change and hitting net zero targets bring across civic and corporate Scotland. That work permeates through a wide range of practice areas including corporate, housing, public sector, commercial and residential property and the rural and marine economies.  

We are the only law firm in Scotland to be appointed to all six available lots of the Scottish Government’s legal services framework. A just transition to net zero is at the heart of all Scottish Government policy. This is a client and framework we are very proud to support. 

Would you like to highlight a particular area of strength? 

It’s hard to highlight one particular strength given the integrated make-up of our business and the interconnected relationships and dynamics when it comes to energy, sustainability and environmental matters.  

For example, our renewable energy team is one of the most highly respected in Scotland and has now advised on projects which are delivering around half of the country’s built renewable electricity. The projects include advising on major offshore and onshore wind developments, solar PV, hydro and battery storage. We advise the full spectrum of the renewable energy supply chain from planning, property and construction, negotiating through agricultural or crofting rights, to advice on securing funding, taking advantage of incentives and grid and power purchase agreements. 

We have considerable experience acting for developers, landowners, investors, funders, planning authorities, community groups, crofters and sellers. 

Has your firm implemented any internal best practises? 

We have an employee-led Sustainability Group that works on various grass roots sustainability initiatives. This group meets monthly and is currently implementing and planning a number of programmes, including:  

  • Taking steps to partner with a verifiable and trusted carbon offsetting partner to reduce HM carbon footprint. 
  • Car club/car sharing projects. 
  • Circulation of a bi-annual newsletter across the whole business identifying climate friendly activities our colleagues can engage on or local initiatives to be involved in. 
  • Fuel efficiency training for staff who drive on business. 
  • Food waste collections for Glasgow and Edinburgh offices.  
  • Completion of a Sustainability Committee Carbon Offset report to identify firm-wide initiatives and identify projects staff can participate in such as tree planting or beach cleans. 
  • Staff engagement survey is being devised to gauge staff for carbon offset activities within a preferred timeframe. 
  • Installation of new lighting in the Glasgow office, which is the firm’s largest office (completed). 
  • Installation of lighting sensors where  not already in place. 

Has your firm joined any external ESG-related projects, networks or initiatives? 

We actively support the Scottish Government’s Fair Work First framework. We were one of the first signatories to the Scottish Business Pledge in 2015, which requires us to evidence our actions to address our environment impact as a business. In 2021 we received the Zero Waste Scotland bronze award. 

What are your firm’s ESG-related goals? 

Our approach is not to virtue-signal, but to lead by example and let our actions speak for us. We have created an ESG routemap which all colleagues can see and have the opportunity to contribute towards. That routemap lays out our achievements and also sets targets for the short, medium and long term.  

Our overriding goal is to be a net zero business by 2045, which is in line with the Scottish Government’s net zero targets. To achieve this, and our other ESG-related goals, we have set out some short to medium term targets first, including the continuation of our carbon reduction initiatives such as new lighting and heating systems, and working towards ISO 14001 Environmental Management System and ISO 50001 Energy Management System accreditations.  

Is your firm involved in any relevant pro bono work? 

We know we have an important part to play in the communities where we live and work. We take that responsibility seriously. As well as supporting Scotland’s third sector, we also devote time and expertise to the issues which matter most to us, our clients and our communities.  

  • All colleagues have access to two annual CSR days. 
  • A number of colleagues sit on charity boards including Paula Skinner (Inspiring Scotland) and Calum MacLeod (New Start Highland). 
  • We have supported the National Autistic Society for more than 10 years, providing pro bono services to families affected by autism as they try to tackle educational issues. 
  • We provide pro bono advice to Advice Ukraine, the free service set up for people fleeing that conflict. 
  • We also support a range of national and local charities including Breast Cancer Care, Children 1st, CHAS, Cash for Kids and Maggie’s Centre. 

Is your firm involved in any public outreach or client education? 

We advise a range of clients, particularly in the third sector, to meet their societal objectives, while ensuring they meet their own corporate governance responsibilities and obligations.  

In 2008, we established HM Connect, a legal referral network supporting high street and rural law firms with advice and free CPD. This network now includes 410 firms across Scotland and in 2022/23 we provided 211 hours of free support to fellow law firms via our “colleague down the corridor” enquiry line and 775 Scottish solicitors attending our CPD training sessions.  

We have been proud supporters of the Modern Apprenticeship programme for more than a decade. Today, around 10% of our colleagues started their careers at Harper Macleod as Modern Apprentices.  

We support Scotland’s Developing the Young Workforce programme, recognising the skills development challenge, particularly in the country’s more rural communities. We take part in regular in-school and virtual events and seminars across the Highlands and Islands, highlighting the career opportunities available within the legal sector.  

Have there been any recent non-confidential stand-out matters that were particularly innovative, pioneering or complex? 

There are three examples we would highlight in this area, all of which tick the boxes of being innovative, pioneering and complex.  

We represented Greenpeace in both a statutory appeal to the Inner House of the Court of Session and a Judicial Review challenging consents by the UK Government to allow BP and Ithaca Energy and Shell UK to produce oil and gas from the Vorlich and Jackdaw oil and gas fields respectively. The challenges relate to obligations to undertake environmental impact assessments, including “downstream” consequences for the climate arising from consumption of hydrocarbons extracted from the fields.   The Court was asked to apply the principles contained in the leading English “climate change” case: R (Finch) v Surrey County Council.  Following a two-day hearing, the Inner House (3 judges) refused the appeal re Vorlich.  The UKSC refused permission to appeal (re “standing” of Greenpeace – the UKSC did not engage with the “climate change” point).  We are also currently representing Greenpeace as an intervener in Finch, which is currently pending appeal in the UK Supreme Court. A judicial review re Jackdaw has been raised and is sisted/stayed pending the UKSC’s determination in Finch.  The issues raised in these cases are of significant importance in the context of the climate emergency and the UK’s Paris Agreement commitments and those made at COP26/27. 

We advised Foresight Energy Infrastructure Partners on the acquisition of the project rights for a co-located pumped storage hydro plant and wind farm on a disused opencast coal mine at Glenmuckloch near Kirkconnel, Dumfries & Galloway. We advised the client on the property and planning aspects of the acquisition. This was Foresight’s first Long Duration Energy Storage investment and the project was innovative because the pumped storage hydro plant will store power during periods of excess energy supply and release stored energy at times of peak demand while the co-located wind farm will have the ability, via a direct connection, to power the pumped storage hydro plant. It has the potential to power more than 289,000 homes every year. 

We acted in the acquisition of an 8,500-acre sporting estate in Angus (£17.6m) to enable woodland creation, peatland restoration and biodiversity projects. Glenprosen Estate was previously run as a sporting estate concentrating on Grouse moor and deer stalking with the agriculture limited to sheep grazing. The property will provide Forestry and Land Scotland (FLS) and Scottish Government opportunities to improve habitat and ecosystems on a landscape scale whilst creating woodland and carrying out peatland restoration. The acquisition required multiple departments within the firm to work together to achieve the desired outcome for the client in tight timescales. The acquisition included a 100kV hydro scheme. 

The estate is in a strategically important location and connects other areas of publicly owned land amounting to around 10,500 hectares including, Glen Isla and Glen Markie (FLS), Backwater Reservoir (Scottish Water), Corrie Fee National Nature Reserve (NatureScot), Glen Doll (FLS, adjacent to Corrie Fee).  

FLS and the other public agencies involved are keen to work together and with a wide range of private owners and community interests to capture the massive opportunity that exists for landscape scale habitat restoration, woodland creation, community engagement and collaborative land management in this important area.     

When did ESG, climate change and/or sustainability become an area of focus at your firm? 

We’re a relatively young firm and have always acknowledged our impact on society and our communities.  

It’s important to note that this is not an overnight achievement, but something which has been a constant within our business extending from the creation of our CSR strategy in 2006. This programme was immediately recognised as the best of its kind by the Scottish legal profession, and in 2009 with a Big Tick accreditation in the Business in the Community Awards. We’ve built on that early validation ever since.  

In November 2023 we were very proud to be named the ESG Firm of the Year at Legal 500’s inaugural Scotland Awards 2023, which is another confirmation that our ESG route map is the right thing to do by our clients, colleagues and communities and that the work we put in almost 20 years ago continually proves we are on the right path. 

What has driven your firm’s involvement in a green transition? (Client demand? Business case? Personal attitudes/beliefs/initiatives?) 

Acting in a responsible and ethical manner is a given for us. It’s just the right thing to do. 

Whether it is because of Scotland’s abundance of natural capital or policy drivers, Scotland has been at the forefront of environmental management for many years, and we’re committed to playing our part. This is partly driven by our clients and partly by our unique footprint whereby we have the largest team of lawyers in the Highlands, Islands and Moray. That footprint means we are naturally drawn to advising clients with an interest in renewable energy and sustainability.  

We fully support Scotland’s ambition to achieve net zero by 2045.  

Do you have any strategic plans to expand your work or your initiatives in this area in the future? 

Our ESG Framework is designed so that we have clear goals and actions to help us achieve our net zero ambitions by 2045. In the same way that wider society will be tackling this in a variety of ways, so are we. We have short, medium and long-term goals which set us on a path to that goal, seeing incremental improvements all the time.  

Where do you see the future of ESG/sustainability in the legal community (both in terms of legal offerings and firms’ best practices)? 

The legal sector doesn’t necessarily stand alone when it comes to sustainability. Being a good corporate citizen and minimising our environmental impact is very much a collective effort. The underlying challenges of climate change and transitioning to net zero are issues which affect everyone and are being tackled in all walks of life. We recognise we have an impact on society and are committed to playing our part. Other businesses will decide what is right for them and right for society, depending on the differences they can make. We’re focused on the differences we can make.