I don't want to start an argument about climate change. I am not competent to answer points about whether it is man-made or indeed whether it is happening at all. But there are nevertheless challenges and opportunities for lawyers in developing a greener environment. This piece is based on the assumption that climate change is occurring and that we can carry out actions which will mitigate it. The question is: what can lawyers specifically do to help in such circumstances?
In the UK, there is the Legal Sector Alliance, which describes itself as 'an inclusive movement of law firms and organisations committed to working collaboratively to take action on climate change by reducing their carbon footprint and adopting environmentally sustainable practices'. There is also Leapfrog, a business-led not-for-profit organisation, founded by a Travers Smith partner, that 'channels pro bono services from top businesses into activities that deliver carbon reductions', with members drawn from all professions. However, my aim here is to bring you news and good ideas from beyond our shores.
The American Bar Association has set up a Climate Change, Sustainable Development, and Ecosystems Committee, which has brought together interesting developments taking place in various state bars of the US. I shall give two examples.
The California Bar has developed a voluntary Eco-Pledge programme, and offers a logo for those who endorse the pledge. Under the Eco-Pledge commitment, subscribers agree to 'take as many of the specific steps and actions set out in the (bar's environmental practices) guidelines as the member, firm, or department may determine in good faith taking into account its individual circumstances'. The guidelines cover education; eliminating disposables; reuse of equipment and supplies; reduced paper, toxic chemicals, water and energy use; procuring environmentally sustainable products and service providers; recycling; commuter incentives, green meetings, and participating in other green practices programmes. Given limited resources, the bar does not verify the commitments or otherwise offer certification, but relies on self-certification. The state's Environmental Law Section continues to promote the tool through training.
The Massachusetts Bar has an annual recognition programme that this year honoured three firms for their environmental practices, based on an evaluation of written submissions on their energy, waste, transportation and green buildings programmes. A review committee identifies the winners based on their own judgment, without special pre-existing criteria.
The European accountants' body has entered the field of climate change. It recently released a policy paper which recognises that there is new work for accountants in areas such as 'environmental management accounting, carbon emission protocols, social accounting, work life balance indicators, full cost accounting and other measuring of environmental and social impacts… Arguably more sustainability relevant disclosures will and should appear in financial statements. Putting a cost on carbon and reflecting the financial implications of climate change, including related business opportunities provides such a challenge'. The Council of Bars and Law Societies of Europe has been looking at the wider field of corporate social responsibility (not specifically climate change), and at its last committee meeting on the subject concluded that lawyers should become involved from the beginning, for instance in standard setting.
Lawyers need to become aware not only of green challenges to their own working practices, but of the policy and business opportunities for them to become involved in setting the standards for the greening of our communities, the country as a whole, and the wider world. Whatever your views on climate change, it is better if lawyers are involved in the development of policies and practices which might affect us all.
Jonathan Goldsmith is the secretary general of the Council of Bars and Law Societies of Europe, which represents around a million European lawyers through its member bars and law societies
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