In the context of an increase of lawsuits being brought against governments accused of insufficient action over climate change, and with the 29th Conference of the Parties (COP29) underway, the International Bar Association (IBA) has published a short report on the intersection of environmental issues and the legal profession’s role in the fight against climate change and environmental degradation. The IBA Impact Report – The environment and the legal profession (the Environment Report) is a subset of a landmark study commissioned by the IBA into the social and economic impact of the legal profession (the Impact Report).
Some of the ways in which the legal profession is contributing to green goals are identified as:
• Shaping and amending the environmental policies of public, private and third sector organizations.
• Contributing to international climate agreements.
• Advocating for state action to protect environmental concerns.
• Creating awareness amongst clients about the impact of their actions on the environment.
• Leading clients towards behaviors to mitigate risk and, even further, to “do good.”
It is also stated in the Environment Report that advice from lawyers is becoming increasingly important in terms of sustainability and the initiatives that companies instigate as part of their environmental, social and governance (ESG) responsibilities. The report details that almost 4,000 of the largest global companies have set science-based carbon targets and approximately 500 have pledged to reach net zero emissions by 2050. Subsequently, these companies will need professional legal advice as they work to reach those goals.
Legal expertise is necessary because highly regulated industries such as energy generation, heavy industries and transportation networks are likely to be subject to more inspections and held to a higher standard of achieving those green goals.
The Environment Report also mentions that 96 per cent of the S&P 500 companies published an environmental sustainability report in 2022 – reportedly the highest percentage since records began. The commitment bar is rising as the public is becoming increasingly aware of virtue signalling and greenwashing attempts – where companies may claim that they are sustainable, offset carbon emissions, reduce waste and/or are free from modern slavery, but the reality does not support the assertions. The general public is now demanding tangible indications to ascertain the veracity of the claims.
The survey data relating to the environment shows that:
• 53 per cent less air pollution could be achieved by improving regulatory quality.
• Countries that uphold a strong rule of law experience decreased air pollution and are quicker to adopt renewable energy initiatives.
• 50 per cent of the general public do not see a link between the legal profession and environmental sustainability.
As environmental sustainability becomes a key concern of citizens, companies, states and international organizations, it is also becoming increasingly important to the work of legal professionals. Data points to those born between 1996 and 2010 (Gen Z) describing climate change as one of the issues they care about most.
The Environment Report can be downloaded from the IBA website at www.ibanet.org/document?id=IBA-Impact-Report-The-environment-and-the-legal-profession.
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