Published in cooperation between Real Tough Lawyers and the Tri City Voice
Environmental laws are only as good as they are implemented, and hardly any legal victory is achieved when citizens decide to work together and hold corporate institutions accountable for violating climate laws. The powers-that-be will always harness their immense social and material capital to strike down attempts to sue them for their disregard for climate causes. It seems as though the people in the grassroots movements only have the illusion of action when they file a lawsuit, but it pays to realize that successful climate litigation can only be achieved through the best legal minds.
Currently, organizations and individuals have access to legal resources that enable them to counter corporate interests. Going beyond brochures and manuals for community action, they can also reach out to climate lawyers who are not only competent but also have a strong desire to help climate-focused groups and individuals accomplish their objectives.
It’s only a matter of knowing where and how to enlist their help, whether you’re fighting against revised zoning laws that bypass environmental protections or holding a large local company accountable for polluting natural water sources. Here’s a quick guide to walk you through the process.
1. Know What Lawyer You Need
The first thing you will need to consider is the type of legal complaint you will be filing, as well as the scope and severity of the issue at hand. You wouldn’t want to hire any kind of personal injury lawyer in Florida if the accident you were involved in requires the skills of an experienced car accident lawyer Boca Raton residents can depend on.
In the same way, you can’t assume that any climate lawyer can take on your unique case. It’s safe to say that not everyone in the practice is capable of handling cases that focus on the community impact of increased emissions or a company claiming to have adapted to green practices. Take the time to consider the unique details of your case, and use these as a reference for finding the right legal ally.
2. Start With Local Environmental Groups
Once you have a good idea of what type of lawyer to recruit in preparing your lawsuit, it’s important to tap into your network of nonprofits or other organizations where some members may be active in climate law. There’s a good chance you could find practicing lawyers who have a heart for environmental causes and are also offering pro bono services.
In case you can’t find them in these groups, reach out to the organizers and lay down your plan to launch a lawsuit so they can connect you with practitioners who might be working for other organizations. This is an easier way to find an attorney who is more than willing to put your legal plans into action.
3. Check Their Reputation
It’s easy to recruit someone to your legal team on account of them claiming to be an “eco defender,” but having an advocacy alone shouldn’t be your only gauge for choosing the right climate lawyer. Reputation is just as important as competence. The credibility of your side rests on it. You wouldn’t want a lawyer with a past ethics complaint to handle your case.
It wouldn’t do you any good if you lean on a lawyer with a history of aligning with individuals or groups that are not necessarily environmental violators, but may believe in extreme ideologies or have had run-ins with the law.
4. Make the Most of Your Initial Meeting
If you’re confident that the environmental lawyer you picked is the right professional to handle your case, it matters to sit with them and lay out your concerns. Present the facts and observe how they react and analyze the details.
You know you’ve picked the best one if they exhibit an extensive understanding not just of climate law but also climate science and the social implications that your case may entail.
Endnote
Demanding accountability from climate violators isn’t short of complicated and lengthy. However, so long as you have a seasoned legal expert with a genuine heart for your cause, victory is certain.
