Environmental law

Once perceived as the domain of eco-warriors with activist agendas, environmental law has evolved into a sophisticated, widely relevant and highly commercial practice area. Thanks to the rising profile of green issues and corporate social responsibility, and the severe financial and criminal penalties now available for breaches of environmental obligations, company directors, shareholders and their advisers are increasingly aware of the need to seek environmental advice. Global developments on climate change and energy also mean that environmental law is at the top of the political agenda.

Graduate careers in environmental law

Environmental lawyers often act for corporations, finance institutions, industry associations, charities, governments and non-governmental organisations (NGOs). They must be able to understand and communicate clearly on complex legal matters while approaching clients’ problems in a business focused, commercial and pragmatic manner. Environmental issues can arise in all kinds of transactions but industry sectors often encountered include chemicals, energy, construction and manufacturing.

A major source of work for environmental lawyers is carrying out due diligence (a process of research and analysis) to identify environmental issues in corporate and property transactions, and structuring these transactions to manage those issues. This can involve seeking out potential sources of environmental liability, then negotiating and drafting suitable contractual protections, dealing with the issue itself to remove the liability, or insuring against it.

Environmental lawyers also help clients in dealing with regulatory agencies, making sure they understand environmental and health and safety legislation, and in managing environmental risks. There may also be contentious work such as representing a company or individual director facing prosecution by regulators or resolving a dispute over liability for contaminated land.

Environmental law is changing fast, so another element of the environmental lawyer’s role is keeping up to date with developments so as to be able to brief clients and other lawyers. New environmental laws may be high profile or controversial – think nuclear, climate change, sustainable development, waste and recycling for example – and often involve European and international law aspects. Motivation and a genuine interest in the subject matter are a must.

Working hours in an environmental department are varied. There is potential for late nights, especially where work is flowing in from a corporate transaction on a tight timetable. Occasionally deadlines from a regulator or pollution incidents requiring an emergency response such as an injunction could also lead to out-of-hours work. Environmental lawyers tend to work in fairly small teams.

Is environmental law recession-proof?

While firms have inevitably been affected by the recession, regulatory compliance remains as important as ever. The level of new environmental legislation is undiminished, particularly in the climate change sphere. Plant closures and business restructurings can also crystallise environmental liabilities, so we are experiencing a strong workload despite the downturn.

What skills does an environmental law solicitor need to do the job?

• Strong intellectual and analytical ability.
• Sound commercial awareness.
• Adaptability and fast learning.

What is it like doing a trainee solicitor job in environmental law?

Environmental law provides good opportunities to develop research skills and trainees need to be able to get to grips with complex and evolving topics quickly and confidently. An ability to communicate the fruits of research clearly, succinctly, and in application to the facts at hand will be valuable. Tasks are varied, and trainees may be called upon to write briefing notes, assist with presentations, attend client meetings, analyse environmental searches, draft due diligence reports and deal with day-to-day administration of files.

Types of law practised

• Company.
• Contract.
• Criminal.
• European.
• Public.
• Regulatory.

About the author

CATE SHARP is a partner in the environmental department at MAYER BROWN INTERNATIONAL LLP. She graduated with a degree in environmental science from the University of London in 1988.