Sustainability Law
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Sustainability Law Moderator: Matt Bogoshian Panelists: Arlena Barnes Irma Russell John Dernbach
Transcript of Sustainability Law
Sustainability Law
Moderator: Matt Bogoshian
Panelists: Arlena BarnesIrma RussellJohn Dernbach
Agenda● Welcome and Introductions: Matt Bogoshian
● The Scope of the Challenges and Opportunities
● History of Sustainable Development and the Activity of Integrated Decision Making: John Dernbach
● The Ethics of Sustainable Development and the Law; What Lawyers Must and Should Do: Irma Russell
● The Practice of Sustainable Development in the Law; How Lawyers Lead With Clients, Organizations and Communities: Arlena Barnes
Scope of the Challenges and Opportunities
● Existential Crises and Other Challenges
● Opportunities that Productive Responses Can Create
Understanding Sustainable DevelopmentProfessor John DernbachWidener University Commonwealth Law School
Conventional Development
PROGRESS:
--Peace & security--Economic development--Social
development/human rights/healthy communities
PRICE OF PROGRESS:--Environment & natural
resources degraded--Living people harmed
by pollution and inequality
--Future generations harmed by pollution and inequality
Sustainable Development
PROGRESS:--Peace & security--Economic development--Social development/human rights/healthy
communities--Environmental
protection/restoration/regeneration
Central Action Principle: Integrated Decision-making• In order to achieve sustainable development,
environmental protection shall constitute an integral part of the development process and cannot be considered in isolation from it.
• Rio Declaration on Environment and Development, Principle 4
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Society’s Purpose • Development:
• Human wellbeing• Quality of life• Freedom• Opportunity
• Sustainable Development• Human wellbeing• Quality of life• Freedom• Opportunity
• For this and future generations
Sustainable development
• Is more equitable than conventional development
• Produces a wider range of benefits
• Has fewer costs
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The Ethics of Sustainable Development and the Law;What Lawyers Must and Should Do
Professor Irma S. RussellEdward A. Smith/ Missouri Endowed Chair in Law, the Constitution, and SocietyUniversity of Missouri-Kansas City School of Law
Considering Ethics Rules & Lawyer Responsibilities to Clients & Society
“A lawyer, as a member of the legal profession, is a representative of clients, an officer of the legal system and a public citizen having special responsibility for the quality of justice.”
- Preamble to the Model Rules of Professional Conduct
Stating the obvious:
*Things you know already
*Not proposal of new rules
*Not statement of what law and rules should be
From the legal and ethical rules
Touchstones
(1) obey and respect the law
(2) serve your client’s legitimate interests
with lawful means, competence and
diligence
(3) serve all aspects of the public interest,
including law reform.
• First two will keep lawyers out of trouble
• Third will help lawyers fulfill demands of sustainability leadership
Touchstone 1: Obey and Respect the LawNo person is above the law
*Lawyers have the same liabilities as ordinary persons –absent an exception -Restatement (Third) of the Law Governing Lawyers §§ 56, 57.
*Corporation obliged to “act within the boundaries set by law.”- Principles of Corporate Governance (ALI) sec. 2.01(b).
Specific Lawyer Immunity*Common Law Litigation Privilege and Immunity from Liability *Advice to break a contract
Heightened duties –*MR 8.3, MR 8.4 (administration of justice) *MR 3.3 (Candor to the Tribunal) *MR 4.1 (Truthfulness in Statements to Others)
Touchstone 2. Serve Your Client’s Legitimate Interests within the Bounds of the Law
Lawyer “works for the advancement of justice while faithfully protecting the rightful interests of his clients.” - Hickman v. Taylor, 329 U.S. 495, 510-11 (1947).
Model Rules *depend on law and the legitimate purposes of legal representation
*obligation zealously to protect and pursue a client's legitimate interests,
within the bounds of the law - Preamble
Touchstone 3. Advance Justice and the Public Interest
“As a public citizen, a lawyer should seek improvement of the law, access to the legal system, the administration of justice and the quality of service rendered by the legal profession.”
- Preamble [6]
Ways lawyers do this.
The Practice of Sustainable Development in the Law; How Lawyers Lead With Clients, Organizations and Communities
Arlena BarnesFormer Senior Attorney Bonneville Power Administration, ABA Journal Board of Editors, and ABA Standing Committee on the Law Library of Congress
The Practice of Sustainable Development in the Law; How Lawyers Lead With Clients, Organizations and Communities: Arlena Barnes
THE PROBLEM:
Ignoring degradation of the natural and the human environment…someone else’s backyard.
But today fires, smoke, floods, drought have forgotten the rules of privilege.
The Practice of Sustainable Development in the Law; How Lawyers Lead With Clients, Organizations and Communities: Arlena Barnes
THE CHALLENGE:
The young, our future, speak fervently to climate change and inequality.
So incremental “greening” and a good marketing effort? Or a deeper analysis with fundamental changes?
The Practice of Sustainable Development in the Law; How Lawyers Lead With Clients, Organizations and Communities: Arlena Barnes
INTEGRATE WITHIN THE CLIENT’S INFRASTRUCTURE:
Support highly placed individual with the requisite authority and resources.
Join the client’s cross-company/NGO/ government team.
The Practice of Sustainable Development in the Law; How Lawyers Lead With Clients, Organizations and Communities: Arlena Barnes
YOUR MISSION SHOULD YOU DECIDE TO ACCEPT IT:
Approach the clients with what they need to hear not just what they want to hear.
Provide advice that covers the near, the intermediate, and the long term.
Be bold; be willing to embrace a healthier future for us all.
For More Information Please Contact:Matt Bogoshian, [email protected]
Arlena Barnes, [email protected]
Irma Russell, [email protected]
John Dernbach, [email protected]
