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30.03.09 ‘Green jobs’: Key role for lawyers in ‘green’ revolution. Recruitment in the legal sector may remain in the doldrums for at least the rest of the year, but there is likely to be strong long-term demand for lawyers who have expertise in the new generation
Recruitment in the legal sector may remain in the doldrums for at least the rest of the year, but there is likely to be strong long-term demand for lawyers who have expertise in the new generation of environmental issues.
“There has long been a demand for lawyers who understand the principles and practice of environmental law as well as the core environmental issues,” says Nicola Durrant, an associate lecturer in the faculty of law at the Queensland University of Technology who holds law and environmental science degrees.
“Most top-tier firms have had practices in the area of environmental law and major projects for a while.
“In the past few years, however, there has been a sharp change in focus, with increasing emphasis on the impacts of climate change and the legal response to this, such as the creation of emissions trading schemes. These legal responses are driven by international agreements, so there is a need for government advisers and practitioners to adopt a global view when considering these new regimes.”
Durrant is, so far, the only person in Australia with a law doctorate relating to climate change, having specialised in the creation of an effective national legal response to climate change and the emerging regulatory, liability and market issues.
She says she is often asked to advise government agencies and industry groups on the development of new legal regimes for climate matters, such as for the facilitation of carbon sequestration projects.
“That the big law firms are not recruiting people does not mean they are neglecting the area,” she says.
“All of the big firms have divisions specialising in environmental law and an indication of their interest-and the level of interest from their clients-is the very significant number of publications and newsletters that they are producing on climate change issues.
“At the moment, a lot of the main players are trying to establish themselves as having expertise in the climate change field. But they are doing so by building up their internal resources rather than recruiting graduates.
“In some cases, firms might encourage their mid-level people to undertake masters courses in the area of environmental law.
“There is also significant emphasis on building up expertise from maintaining a watching brief on the law and policy, literally as it is proposed and passed.”
Another specialist in climate change law, Renee Garner, a solicitor at Freehills, says legal firms will play a key role in the transition to a carbon-constrained economy, but sees it as more than a matter of ensuring compliance with the legal regime.
“Australian companies have to gain an insight into how they will be affected, so they can proactively manage the risks and opportunities,” Garner says.
“It is those businesses taking action now that will truly benefit from the current and imminent climate change laws and policies. It will be a matter of gaining competitive advantage.”
Garner, a member of the firm’s national climate change group, is co-author of the first textbook published in Australia on the legal and policy aspects of climate change, Global Climate Change: Australian Law and Policy.
The book examines legal issues and explores the impact of climate change on human and biological environments, as well as climate change mitigation and adaptation issues.
In the past year, Garner says, Freehills has advised Avis Australia in relation to a substantial acquisition of carbon credits from Origin Energy Electricity; helped Santos Australia, BHP Billiton and Caltex deal with proposed legislation and policies concerning carbon capture and storage; assisted Lend Lease on the application of the National Greenhouse and Energy Reporting Act; and advised Pacific Hydro on the sale into Europe of clean development mechanism credits from a Fiji hydro-electric project.
Freehills also has provided advice to the Australian Greenhouse Office on legal issues concerning establishment of the national Bush for Greenhouse program and drafted documentation to establish the transactional details of the program.
“This shows the breadth of issues involved,” Garner says.
“It also underlines the need for a cross-disciplinary approach, providing a strategic view more than a technical one.”
Says Durrant: “I think that in the coming years we will see the emergence of a number of boutique legal firms offering consulting and advice services. It is likely that they will be founded by senior partners from the larger firms, but there will be a demand for lawyers who have particular specialisation in environmental law and climate change issues, and are highly motivated about the subject.
“After all, this is an area [that] is very suitable for that sort of smaller, specialised firm. And once the legal regime for these issues begins to fall into place, there is going to be a lot of work to be done.”
Article From: The Weekend Australian
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05.08.10
