Environmental Law

Environmental law is one of those career pursuits that, depending on which area within the profession you decide to specialize in, can be considered either a form of advocacy or commerce. However, given the broad definition of advocacy, commerce, and, as you will see, environmental law itself, the line can be a bit blurred at times. That line is further blurred by the fact that all lawyers, including environmental lawyers, are bound by professional ethics to advocate zealously for their clients. This is true whether they are advocating for the corporation trying to expand its operations into an environmentally sensitive area or for the nonprofit organization trying to prevent that corporation from undertaking such an expansion.

Many Career Paths

Harvard Law School’s “A Trail Guide to Careers in Environmental Law” provides an excellent overview of all the different career paths available to an environmental attorney:

“Environmental lawyers often appear before federal, state, and administrative law courts— representing government agencies, enforcing laws through citizen suits, and challenging agency action in administrative hearings. But environmental law practice involves a much broader skill set. Environmental attorneys draft legislation and lobby elected officials; advise policymakers in all levels of government; participate in the rulemaking process and design new regulatory regimes; develop innovative approaches to permitting; coordinate community education and outreach efforts; and engage in public policy discussions at think tanks and academic institutions. Environmental attorneys also support business and property transactions for land conservation; negotiate financing deals for start-up renewable energy companies; participate in public-private partnerships to experiment with new technologies; and consult with industry on how to achieve compliance with myriad environmental laws. In short, the field of environmental law offers professional choices that can be remarkably diverse and satisfying for the public interest lawyer.” [1]

An Advocate for the Environment

In this snapshot, we focus on those aspects of environmental law that would be a better fit for someone looking to advocate on behalf of the environment or on behalf of some community – whether human or otherwise – that is adversely affected by the environmental activities of others. So, if you are passionate about finding solutions to critical environmental issues such as climate change, pollution, public health, protection of the land, air, and water, or the preservation of endangered species, then environmental law just might be the right career for you.

Environmental Law

“Environmental law” is actually an umbrella term for the practice of law across a wide range of environmental issues centered on protecting our natural resources and regulating businesses that impact them. Environmental law prevents governments, businesses, and people from mistreating the environment and safeguards our natural resources, communities, and ecosystems. If there were no environmental laws, anyone could pollute, contaminate, hunt, or use natural resources without restriction or regard for the consequences.

Environment regulations constitute a vast and complex body of law. The passage of each federal regulation involved a hard-fought battle between environmental attorneys representing the different constituencies impacted by the proposed regulations.  It also required close collaboration between those environmental attorneys and the scientific community.

The key federal environmental laws include:

• The Clean Air Act (1070)
• The Clean Water Act (1977)
• The Comprehensive Environmental Response, Compensation and Liability Act (1980)
• The Emergency Planning & Community Right-to-Know Act (1986)
• The Endangered Species Act (1973)
• Federal Insecticide, Fungicide & Rodenticide Act (1972)
• The National Environmental Policy Act (1969)
• The Pollution Prevention Act (1990)
• The Resource Conservation and Recovery Act (1976)
• The Safe Drinking Water Act (1974)
• The Superfund Amendments and Reauthorization Act (1986)
• The Toxic Substances Control Act (1976)

In addition, each state has enacted its own environmental laws. And while an environmental attorney does not necessarily need to master all the details of each of these regulatory regimes, they do need to be able to interpret these laws and apply them to the facts of a particular situation.

Science, Policy, and Law

Obviously, there is a strong connection between environmental science, policy, and law.  Scientists are tasked with researching environmental issues, while policy-oriented environmental lawyers are responsible for turning the results of that research into legislation. That process requires other environmental lawyers to interpret those policies and advise their clients regarding their legal rights and responsibilities. This process demands a close working relationship between environmental lawyers and scientists. Scientists must understand the constraints of the policy-making process. Environmental lawyers must be able to “translate” complex scientific concepts into more easily comprehended language. Both groups must recognize the limitations of scientific evidence and understand the different standards of proof for scientific and legal certainty.

A frequently asked question is whether an environmental lawyer is required to have a background in science. While the answer to that question is no, the more nuanced answer is that it really depends on what area of environmental law you choose to pursue. For the environmental lawyer focused on creating policy, a scientific background is more of a necessity. For the environmental lawyer trying to save an endangered species, a basic working knowledge of the applicable science would most likely suffice. After all, there are plenty of professions made up of non-scientists that have to master specific areas of science to do their job. Clearly, having some science education and familiarity with basic scientific concepts could only be of benefit. But ultimately, environmental lawyers must first and foremost be skilled legal advocates with a complete grasp of the legal issues in question.

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Citations

1. A Trail Guide to Careers in Environmental Law, Bernard Koteen Office of Public Interest Advising Harvard Law School.