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Environmental Law 101: What the Attempted Assassination of Ronald Reagan (and the Legend of King Arthur) Tell Us About the Management of Environmental Crises.
The most important characteristics that an attorney can exhibit are dispassionate thinking, issue identification and problem solving. Good old fashion counseling. Many managers view the lawyer’s role as negotiating, litigating and arguing. In fact, these are minimum qualifications. It may come as a surprise, but a lawyer can also think, make sure facts are right, interpret nuance, parse the meaning of language, draft precisely and analyze without bias. A lawyer does not collect the data...
Environmental Law 101: Civility Costs Nothing, But Buys Everything.
I borrowed the title for this post from English writer Mary Wortley Montagu because it expresses my personal philosophy. [I don’t like “ideologies” because they require you to surrender your thought process and to accept predetermined outcomes; they constitute “group think.” Far better that personal philosophies guide our conduct.] In this case, Montagu’s quote reminded me of a law school experience during which one of my professors, a brilliant teacher, asked: “Who is right— Prosser...
Environmental Law 101: Is Consensus Fracking Possible?
Litigation is a highly inefficient and uncertain way to resolve disputes, including those involving environmental issues. It takes years for a business to litigate its way to a permit. Further, major projects involve multiple permits from federal, state and local agencies; perhaps also from Native American communities. In reality, litigation is an option, not a solution. Some opponents of environmental projects are local activists representing themselves and who want changes/improvements in a project; others are...