What Does an Environmental Lawyer Do?

Environmental law protects our natural resources and regulates businesses that impact those resources, including:

• Water
• Minerals
• Endangered species
• Public lands

Environmental lawyers are advocates for the environment. Their work helps communities stay safe and healthy by holding businesses and agencies accountable for environmental harm.

This article discusses environmental law and the role of attorneys in this field. Keep reading to learn more about important environmental legal issues and how attorneys support individuals and business owners.

Who Enforces Environmental Laws?

The Environmental Protection Agency (EPA), a federal government agency, enforces environmental legislation in the U.S. The EPA’s goal is to protect human health and the environment. The EPA (and some state agencies) have the authority to institute administrative actions to investigate environmental complaints. These actions don’t involve a judicial court process.

Other federal agencies also have jurisdiction over environmental concerns. These include the Department of Energy (DOE) and the U.S. Department of Agriculture (USDA).

Suppose you sustain personal injuries that you believe resulted from an environmental regulation violation. You can seek the legal services of an environmental lawyer. The U.S. Department of Justice can also bring suits on behalf of the EPA against companies or others for violating an environmental law.

Environmental Laws To Know

Environmental laws are complex and can vary by state. This is why environmental lawyers who know the local laws and focus on specific issues are in demand.

This role works closely with the EPA. The five most important environmental laws to know are:

• The Clean Air Act
• The Endangered Species Act
• The Montreal Protocol
• The Clean Water Act
• Reformation Plan No. 3 of 1970

Cases might involve shutting down oil drilling to protect natural land or convincing courts that the environmental impact of adding new buildings is acceptable. Overall, attorneys in this field fight for (or against) what humans want to do to animals, land, or water. Keep reading to learn more about the role of these attorneys.

Environmental Law Legal Issues

Most environmental attorneys handle a variety of legal matters, including researching and environmental litigation. But the range of environmental issues this legal area touches is vast, including:

• Water quality, air quality, and pollution
• Proper disposal of hazardous waste
• Animal rights and species protection
• Farming and agriculture issues
• Preserving wetlands and protecting biodiversity
• Better waste management systems
• Sustainability and green strategies for the future
• Green initiatives (from parks to cities to corporations)
• Improved energy sources and clean technology
• National green standards and new environmental legislation
• Climate change laws and innovation
• Native titles for land and environmental rights
• Public land use and sea use
• Resources and laws governing resource use (oil, natural gas, gold, etc.)

These issues can range from a small neighborhood problem to global issues.

An Environmental Lawyer’s Job Description

An environmental lawyer’s job description can include many things. They deal with:

• Environmental laws, including those that protect air quality, clean water, and wetlands
• Zoning regulations
• Other related laws and regulations

Some environmental attorneys work to enforce or strengthen environmental regulations or policies. They may represent clients (or even endangered species) injured by environmental damage or climate change. They focus on environmental justice and advocacy initiatives. These attorneys often focus on sustainability issues.

Other environmental attorneys work full-time as in-house or general counsel for businesses or other entities. They may help with compliance or defend against lawsuits alleging environmental damage. These attorneys may defend their clients against claims of harmful emissions or air pollution violating the Clean Air Act, for example.

When Should I Hire an Environmental Lawyer?

You might want an environmental law attorney when the problem involves the emotional and physical needs of people and animals. You could find yourself in a challenging situation that has a large environmental, financial, or public relations impact, such as:

• Building commercial or private real estate on protected land
• Buying or selling contaminated real estate
• Cost recovery or remedial action for landowners
• Wetland or feedlot regulations
• Criminal cases that involve forest fires, hazardous waste, or people becoming ill from their environment
• Assessing damages to land and water from a criminal act or natural disaster
• Coaching a corporation on switching to eco-friendly practices
• Animal preservation at zoos or farm animal/farmland issues
• Federal or state litigation for superfunds, also known as the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA)

What Education Do You Need To Be an Environmental Lawyer?

All attorneys need a four-year degree from a college or university, but this degree does not need to be in a related science field. They also typically need a Master of Laws (LLB) or a Juris Doctor (JD) degree from a law school. Environmental lawyers should take law classes focused on environmental issues. Depending on their career path, many choose to intern at law firms that specialize in relevant areas.

To practice law in the courtroom, a law student needs to pass the bar exam in their state.

You will find that the majority of experienced environmental lawyers also seek their Master of Law (LLM) degree, a master’s degree in Environmental Law, or a Doctor of Philosophy (Ph.D.).

Specializing in Environmental Law

For an attorney to be a specialist, they usually need additional licenses and credentials. But, in many ways, environmental law attorneys are “specialists” because of their focus on geological and biological systems.

It isn’t enough just to know laws. These lawyers need additional knowledge in science and biology to understand the impact humans have on the planet.

They also must understand:

• Conservation and ecology
• Economy
• Sustainability
• Social responsibility
• Theories of good stewardship

In just one case, they may make important financial and sociological decisions that affect entire communities of people and wildlife. In the next case, they might handle research and day-to-day filing of petitions. This role varies greatly based on the location, client, and case.

How Do Environmental Attorneys Bill Their Services?

If you hire an environmental attorney, you can expect them to charge by the hour. Some cases may have a predetermined flat rate charge based on the type of work involved, like performing an assessment or reviewing documents. However, when an attorney is an in-house counsel for a business, they are often paid a salary.

Questions To Ask Before Hiring an Environmental Law Attorney

It would be difficult for environmental law attorneys to specialize in everything this area of law covers. It is essential to hire someone who has experience in the specific type of case you have.

To get a better idea of their experience, you should ask:

• How long have you been practicing in this area of law?
• What percent of your time is spent working on an issue like [name the nature of your case]?
• Do you have a focus on any specific areas within environmental law?
• What information do you need for our first meeting?

How To Find an Environmental Lawyer

If you have legal issues requiring the assistance of an environmental law attorney, legal help is available. A local attorney can answer your questions and offer legal advice tailored to your issue. An environmental attorney can also help you with regulatory compliance. Many law practices offer free consultations.

FindLaw’s directory of environmental lawyers can get you started. Because state law is relevant, your lawyer should be licensed in your state. Enter your city or ZIP code for a list of qualified legal professionals in your area. Your search results will also show ratings and contact information.

Environmental Law Terms To Know

There are many commonly used terms when discussing environmental law. Some of these include:

• Brownfields: These are abandoned, idled, or underused industrial and commercial facilities. Their expansion or redevelopment is complicated by real or perceived environmental contamination.
• CERCLA: The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is commonly referred to as “Superfund.” CERCLA levies a tax on polluting industries to pay for cleanup costs.
• Code of Federal Regulations (CFR): This is a set of rules published in the Federal Register by departments and agencies of the federal government. The CFR is divided into 50 titles representing broad areas subject to federal regulation.
• Federal Register: This is a daily publication U.S. administrative agencies use to publish their rules and regulations. The Register includes proposed rules and regulations for public comment.

Practice Areas Related to Environmental Law

Several other areas of law relate to or overlap with environmental law. Use the links below to learn more.

• Administrative Law: Many environmental rules come from federal and state agencies. Thus, administrative law governs how those agencies create, interpret, and enforce environmental regulations.
• Business and Commercial Law: This area of law sometimes overlaps with environmental law. Suppose an art business that uses oil-based paints uses a vendor to dispose of contaminated wastewater. The disposal is an environmental issue. The vendor’s contract is a business law matter.
• Land Use and Zoning: Suppose a business owner wants a building variance, but the building project is also LEED (Leadership in Energy and Environmental Design) certified. The building variance is a land use or zoning matter. The LEED certification implicates an environmental law issue.
• Toxic Torts: A toxic tort is a specific type of injury case arising from exposure to hazardous substances. Hazardous waste and dangerous substances affect the environment directly. So, toxic torts and environmental law are often intertwined.