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Environmental Law 101: The Role of the Media in Environmental Cases.

A key question in strategic planning is how to deal with the media. Large clients have public affairs officers; small companies do not. Your problem may be a spill, an enforcement action, a long, complex permitting matter, or the negotiation of rules or legislation. All of these require a different approach. I have found the least effective approach to the media is “no comment.” To the public, that means: “We’re guilty, but we don’t want...

Environmental Law 101: Focus on Outcome; Everything Else is a Distraction.

Legendary Coach Vince Lombardi once said: “Success demands singleness of purpose.” In a complex permitting matter or an enforcement matter, you have to stay focused on the outcome. Everything else is a distraction from accomplishing the objective you have defined as “success.” What stands in the way? Several things. Business generally do not like dealing with government. It also generally doesn’t understand how it functions. I remember one of my clients, a huge, sophisticated energy...

Environmental Law 101: Think Strategically; Engage in Predictive Analytics.

There is lots of macho talk by “talking heads” on sports networks about attacking an opponent’s strengths. That’s nice talk, but not good strategy. My observation is that in politics, war and sports, winners play to their strengths and against their opponents’ weaknesses. Even George Patton didn’t say: “Where is Rommel the strongest and let’s attack him there.” Winners make an assessment of their strengths and weaknesses and plan strategy accordingly. Environmental permitting and enforcement...

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