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.