Environmental Law

In a nutshell
Environment lawyers advise corporate clients on damage limitation and pre-emptive measures, and they
defend them from prosecution. In other words, the majority of private practitioners work for, rather than stick
it to, big business. Opportunities do exist at organisations like Greenpeace and Friends of the Earth, but these
jobs are highly sought after. Another non-commercial option is to work for a local authority, a government
department such as the Department for Environment, Food and Rural Affairs (Defra) or a regulatory body like
the Environment Agency. However, be aware that hiring freezes and spending cuts have decreased the number
of opportunities in the public sector.
Environment law overlaps with other disciplines such as property, criminal law, corporate and EU law.
Environmental issues can be deal breakers, especially in the modern era of corporate social responsibility.
However, the small size of most law firms’ environment teams means there are few pure environmental
specialists around.

What lawyers do

Lawyers in private practice

 Advise on the potential environmental consequences of corporate, property and projects
transactions.
 Advise on compliance and regulatory issues to help clients operate within regulatory boundaries and
avoid investigation or prosecution.
 Defend clients when they get into trouble over water or air pollution, waste disposal, emission levels
or health and safety. Such cases can involve criminal or civil actions, judicial reviews and even
statutory appeals. They may also be subject to damaging media coverage.
Lawyers with local authorities
 Handle a massive variety of work covering regulatory and planning issues plus waste management
and air pollution prosecutions.
 Advise the authority on its own potential liability.
Lawyers working for Defra
 Are responsible for litigation, drafting of subordinate legislation, advisory work and contract
drafting on any of Defra’s varied mandates.
 Work in a team of lawyers including Government Legal Service trainees.
Lawyers working for the Environment Agency
 Prosecute environmental crimes – this involves gathering evidence, preparing cases and briefing
barristers.
 Co-operate with government lawyers on the drafting and implementation of legislation.
 Work in Bristol and six regional bases, and are responsible for protecting and enhancing the
environment. They also regulate corporate activities that have the capacity to pollute.
The realities of the job
 In this competitive and demanding field, all-round skills are best complemented by experience in a
specific area. The way in which environmental law spans disciplines requires commercial nous and
a good understanding of corporate structures.
 Excellent academics are essential to help wade through, extrapolate from and present research and
complex legislation. You also need sound judgement, pragmatism and the ability to come up with
inventive solutions.
 A basic grasp of science helps.
  If you want to change environmental laws or crusade for a better planet, then stick to the public or
non-profit sectors. The sometimes uncomfortable realities of private practice won’t be for you.
 Client contact is key and relationships can endure over many years. Environmental risks are difficult
to quantify and clients will rely on your gut instincts and powers of lateral thinking.
 With visits to waste dumps or drying reservoirs and a workload that can span health and safety
matters, corporate transactions and regulatory advice all in one day, this is neither a desk-bound nor
a quiet discipline.
 Research constantly advances, and legislation is always changing in this field, so you’ll spend a lot
of time keeping up to date.
 A taste for European law is essential as more and more EU directives prescribe the boundaries of
environmental law in the UK.
Current issues
 Addressing climate change and adopting environmentally sustainable policies are important to many
major businesses now. As recycling and waste management becomes more complex and
demanding, businesses in these sectors are growing, causing law firms to trumpet their sector
expertise.
 The past decade has seen an increased focus on renewable energy in the UK, and in 2015 it
produced a quarter of the country's electricity, outstripping coal for the first time. There are
currently over 650 operational wind farms in the UK, around 175 are planned or under construction
and over 300 are proposed or seeking planning permission.
 Despite environmental protests, plans for fracking (hydraulic fracturing to extract oil and gas) at
various sites across the UK are going ahead, and government funds have been redirected from
renewable energy to fracking. Supporters highlight the importance of the UK becoming more
energy self-sufficient, while critics have raised concerns over health issues and the detrimental
impact on the environment.
 Nuclear energy remains a hot topic. The planned development of a nuclear power plant at Hinkley
Point, Somerset has been marred with delays and increasing cost estimates, but EDF
Energy remains confident. The government is expected to make a final decision on its investment
soon. With several emerging plans to develop further sites, nuclear energy is set to remain a
sensitive issue, and law firms are helping companies negotiate the minefield of regulations and
prepare applications for nuclear development opportunities.
 The government has attempted to reverse many policies previously introduced to reduce carbon
emissions. For example, in July 2015 it was announced that from 2017 the current system of
discounting or waiving vehicle excise duty (VED) for greener vehicles will end, although more
expensive and polluting cars, such as luxury SUVs, will still pay a premium rate.
 The government also planned to scrap a decade-long plan to force all new homes to be 'zero carbon'
from 2018, drawing criticism from house builders, planners and environmentalists. The House of
Lords has blocked the decision, so the government has been forced to go back to the drawing board
on this one.
 Most dramatically, the government ended the Renewables Obligation subsidy for small-scale solar
panels and onshore wind farms a year earlier than planned in 2016. There is a grace period allowing
projects which already have planning permission to receive funding, but businesses which had more
long-term plans involving the subsidies will not and may be considering legal action.
 A full Brexit would inevitably result in a loss of influence over EU environmental policy for the
UK, but the potential domestic effect is more difficult to gauge. EU member states have historically
been more willing to tackle environmental issues collectively, due to the reduced risk of businesses
being undercut by competition from fellow European states. Leaving could therefore reduce the
incentives for the UK to maintain its current level of environmental regulation, though this in turn is
likely to depend on the trade deal the UK strikes with the EU.
 Keep on top of changes in environmental law using websites like www.endsreport.com. You should
enhance your CV and prime yourself by joining organisations such as the Environmental Law
Foundation (ELF) and the UK Environmental Law Association. The charity ELF provides a referral
service for members of the public, organises lectures in London and produces regular newsletters
for members.