Background into Environmental Law
Courtesy of the University of Arizona College of Law, Office of Career & Professional Development
Note: For a more thorough discussion on different areas of environmental law, practice settings, and how to search for a job, check out A Trail Guide to Careers in Environmental Law (courtesy of Harvard Law School).
What is Environmental Law?
Environmental law is a diverse and growing field that is broadly described as governing the relationships among individuals, businesses, and the natural environment. Environmental law is based primarily on statutory law in domestic settings and on treaties in international settings. It may be specialized depending upon the type of natural resource involved, including air quality, water resources, wetlands, endangered species, land conservation and development, renewable resources, and mineral exploration. While a continually evolving practice area, the practice can be generally categorized into two areas: (1) pollution control and remediation, and (2) natural resource management and conservation.
Pollution control and remediation typically involves enforcement of federal laws such as the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Endangered Species Act, the Toxic Substances Act, and numerous state and local laws. As "going green" becomes more economical and profitable, government agencies are setting new standards and practices related to energy efficiency, lower greenhouse gas emissions and environmental building. Pollution control and remediation issues are diverse and might include issues such as regulation of the waste a business or city produces and resultant waste disposal obligations; identification of contaminated land or water and related clean-up obligations; and regulation of content as well as allowable use of agricultural pesticides. Pollution control also includes new efforts to improve environmental impact.
Natural resources management and conservation broadly involves areas such as energy law, mining, fishing, wildlife habitats, agricultural land use, and watershed management. Legal issues arising in this area might include governmental oversight of a proposed coal mine and its impact on underground aquifers, as well as allocation of responsibility in the event of contamination. Another example of a natural resources management and conservation issue is regulation of lumber harvesting to preserve wildlife habitat and/or prevent soil erosion and mudslides. Contracts, licenses, and agreements that alter the physical world or the people and animals living in it, almost inevitably create environmental issues to be addressed by attorneys.
Environmental law attorneys address existing legal issues large and small, but also have the opportunity to be advocates and policymakers for the future relationship that individuals, business, and governments will have the natural environment.
Pollution control and remediation typically involves enforcement of federal laws such as the Clean Air Act, the Clean Water Act, the Safe Drinking Water Act, the Endangered Species Act, the Toxic Substances Act, and numerous state and local laws. As "going green" becomes more economical and profitable, government agencies are setting new standards and practices related to energy efficiency, lower greenhouse gas emissions and environmental building. Pollution control and remediation issues are diverse and might include issues such as regulation of the waste a business or city produces and resultant waste disposal obligations; identification of contaminated land or water and related clean-up obligations; and regulation of content as well as allowable use of agricultural pesticides. Pollution control also includes new efforts to improve environmental impact.
Natural resources management and conservation broadly involves areas such as energy law, mining, fishing, wildlife habitats, agricultural land use, and watershed management. Legal issues arising in this area might include governmental oversight of a proposed coal mine and its impact on underground aquifers, as well as allocation of responsibility in the event of contamination. Another example of a natural resources management and conservation issue is regulation of lumber harvesting to preserve wildlife habitat and/or prevent soil erosion and mudslides. Contracts, licenses, and agreements that alter the physical world or the people and animals living in it, almost inevitably create environmental issues to be addressed by attorneys.
Environmental law attorneys address existing legal issues large and small, but also have the opportunity to be advocates and policymakers for the future relationship that individuals, business, and governments will have the natural environment.
Practice Settings
Environmental law attorneys may practice in government, public interest, or private settings. While there is no archetype of what a career in environmental law looks like, the following describes environmental law practice in various settings.
- Government Environmental attorneys employed by the government primarily work in either policy making or enforcement areas.
- Policy Making Environmental attorneys involved in policy making tend to work extensively with administrative procedures. They often draft proposed regulatory changes and guide those proposals through the administrative process. The following examples illustrate how attorneys might be involved in the policymaking for their government employers.
- Federal: The Environmental Protection Agency. An EPA attorney might collaborate with public administrators and policy analysts to draft new regulations under authority of a federal law such as the Clean Air Act. This might include responding to written and oral comments, representing the EPA in administrative proceedings, and drafting guidance documents for both EPA administrators and private stakeholders regarding EPA interpretation of current law or regulation.
- State: New York State Department of Environmental Conservation, Office of General Counsel. Attorneys advise Department officials on state and federal environmental law, and also represent the Department in permit proceedings and work with technical staff in the development and implementation of new regulation. These attorneys also monitor and comment on proposed state and federal environmental legislation.
- Local: Office of the City Attorney for the City and County of San Francisco, Government Division. Attorneys act as general counsel for all city and county officials by providing legal advice and drafting all municipal ordinances and city contracts. Attorneys in this division specialize in a range of areas including Construction, Public Utilities, Environmental Protection, Transportation, and Health, Education, and Social Services.
- Enforcement
- Federal:
- Department of Justice Environmental and Natural Resources Division. ENRD attorneys bring criminal and civil actions on behalf of federal agencies for violations of federal environmental laws. They also defend federal agencies and departments in judicial and administrative actions involving government actions or policies concerning environmental policy, land and natural resource use, and other related areas. In addition, ENRD attorneys pursue eminent domain actions to acquire real property for the federal government. They develop enforcement policies, review and comment on new environmental legislation, and litigate on behalf of federally recognized American Indian tribes for the preservation of their natural resources
- State:
- New Mexico Office of the State Engineer. In the Litigation and Adjudication Program, attorneys act as legal advisors to the State Engineer and are commissioned special attorneys general and represent the state in all water rights adjudications brought by the state and other parties in state and federal courts in New Mexico. Attorneys in this office represent the Water Resource Allocation Program in administrative hearings or represent the State Engineer in appeals to state district courts
- Local:
- Chicago Department of Aviation, Environmental, Regulatory, and Contracts Division. AER assistant corporation counsels provide legal advice and counsel to all government departments of the City of Chicago on matters of compliance with environmental regulation as well as bring environmental actions on behalf of the City to address environmental hazards and effect clean-up of waste.
- Public Interest
- Although legal opportunities in the public interest and nonprofit sector are less numerous, public interest attorneys tend to have greater freedom and autonomy in their practices. The actual practice is in much like that in traditional government and private practice settings; specific examples follow.
- Policy Making: Research and Policy Advocacy: The Natural Resources Defense Council.The NRDC employs more than 350 attorneys in offices across the U.S. and overseas. An NRDC attorney working in Southern California might be charged with organizing campaign initiatives to educate the public about threatened marine mammals, analyze current state or federal legislation that will affect wildlife habitats, or bring an action in court to enforce toxic waste clean up along the coast.
- Enforcement: Litigation: Earthjustice. Earthjustice is the leading national nonprofit environmental law firm. Its attorneys practice traditional civil litigation, but do so while representing individuals and nonprofits free of charge. They litigate in federal court in order to compel enforcement of environmental laws and regulations, as well as to prevent private or public parties from taking actions that would endanger wildlife habitats, threaten public safety, or harm natural resources. Earthjustice attorneys practice in regional offices all over the U.S. and work on both domestic and international legal issues in the fields of natural resources/wildlife conservation, environmental safety, and promoting clean energy. Earthjustice also maintains a strong policy and legislation program where attorneys work on lobbying members of Congress, executive agencies, and their state/local counterparts to maintain or create strong environmental protection policies.
- Private Actors
- Law Firms: Greenberg Traurig LLC. Attorneys at law firms might represent real estate developers in the purchase, remediation, and redevelopment of contaminated "brownfield" properties, guide corporate clients through the environmental permit process at the state or federal level, or advise those same clients on new regulations on advertising "eco-friendly" products.
- Corporate General Counsel. In many settings, GCs are legal generalists for private companies who address all manner of legal issues. However, companies like International Paper, Boeing, and Walmart may have staff attorneys or entire divisions dedicated to environmental issues, to guide them through licensing and permit processes at all levels of government. These attorneys play an ongoing role in ensuring that company practices comply with environmental regulation. They are also the company's first responders to toxic tort claims, government investigations, and other legal challenges arising from the environmental impact of their actions on surrounding communities. GCs also provide legal advice to improve environmental impact and energy efficiency.
- Trade Associations: The American Beverage Association. The ABA is a trade association that represents hundreds of non-alcoholic beverage producers, distributors, and franchise companies. It often acts as a liaison between members and state and federal government agencies. Association attorneys lobby Congress on proposed legislation that might affect its membership, interpret new environmental legislation or regulations dealing with specific subjects, such as benzene content or watershed protection, and explain relevant issues to member companies.
- Courts & Clerkships
- U.S. EPA Office of Administrative Law Judges. Because the EPA is empowered to create and enforce new environmental regulations, it employs a large number of administrative judges to oversee the administrative adjudication process. Those judges often employ law clerks who perform the same tasks as a traditional law clerk, such as writing memoranda, drafting legal opinions, and performing legal research. (www.epa.gov/oalj/)
- U.S. Nuclear Regulatory Commission: Atomic Safety and Licensing Board Panel. ASLBP is another administrative agency that employs judicial clerks. They work with administrative law judges who deal with technical and often complex issues in energy law and the environmental impact that nuclear power generation has on surrounding communities. NRC law clerks rotate among different judges in order to gain as much experience as possible and also often travel to different locations near nuclear power facilities throughout the U.S. for administrative hearings. (www.nrc.gov/about-nrc/employment/judicial-law-clerk.html)
- Academia Just as with any other field of law, environmental law is a subject that needs qualified law school professors to teach and supervise the growing number of environmental law clinics being created at law schools across the country. Candidates are more employable when they have substantive practical and publication experience in the field.
Is a Career In Environmental Law for You?
- Background, Skills, and Prior Experience Although environmental law involves scientifically technical subjects, it is generally not necessary to have prior experience in environmental science. A working knowledge of scientific principles and statistics is helpful, but these subjects can be learned while in law school through course offerings and independent study.
- Preparation
- Take relevant courses offered at UCLA Law. 1L courses in Contracts, Torts, and Property are important requisite courses because elements of each form the basis for much of environmental law. Environment-specific courses are also offered during the 2L and 3L years. Examples of 2L/3L courses offered at UCLA Law can be found here.
- Take non-law courses offered throughout the UCLA graduate and professional community. Environmental law has many sub-specialties that involve elements of scientific research and expertise. UCLA is fortunate to have distinguished colleges and departments with faculty members who teach in these areas. Law students may take a certain number of graduate-level units in non-law colleges or departments and apply them to their law degree.
- Get involved in student clubs and organizations. Consider joining the Environmental Law Society! It is a great opportunity to meet like-minded students who are committed to learning about the field and getting involved in practical experiences while in law school.
- Get published and build your network. Writing a well-crafted academic article and getting it published is a way to become known by scholars and practitioners. The Journal of Environmental Law & Policy at UCLA Law is ELS' sister organization that publishes both professional and student work and is completely student-run. In addition to submitting your work to JELP, consider joining it as a 1L Staff Editor your Spring semester and becoming a Chief Editor your 2L and 3L year!
- Consider a Study Abroad, Fellowships, or internship opportunity. Environmental law is practiced all over the world, providing law students the opportunity to work for research think tanks, international organizations, and nonprofits. Examples: International Environmental Law Research Centre (non-profit, research, policy), Earth Rights International (non-profit, research, advocacy, and litigation), United Nations Environment Programme, Interamerican Association for Environmental Defense, World Trade Organization, The Center for International Environmental Law (non-profit, policy research, legal counsel, and advocacy).
- Network with attorneys in the field as much as possible. Meeting lawyers in the field is a great way to learn about what a new lawyer can expect and where to look for job opportunities. The ABA Section of Environment, Energy, and Resources facilitates law student interaction with practicing environmental attorneys. Additionally, you can research your state bar association for similar environmental sections.
- Consider earning LLM/SJD. Many law schools are beginning to offer advanced degrees in environmental law and policy. Most environmental law career paths do not require an advanced degree, so it is important to weigh the potential costs of earning such a degree versus the comparative advantage it might give you both in finding a job and advancing once you have found one. Also consider the history and quality of the programs that are being offered, as some programs are more established and well rounded than others.
- Take relevant courses offered at UCLA Law. 1L courses in Contracts, Torts, and Property are important requisite courses because elements of each form the basis for much of environmental law. Environment-specific courses are also offered during the 2L and 3L years. Examples of 2L/3L courses offered at UCLA Law can be found here.
