By Opatola Victor
As Nigeria and the World accelerates its transition toward a decarbonized future, lawyers are uniquely positioned to contribute to climate action while capitalizing on emerging opportunities in the legal landscape; lawyers certainly lawyers must play pivotal roles in both guiding this transition. This paper discusses three things: 1. how lawyers can become active agents in the fight against climate change. 2. The pivotal roles lawyers must play towards guiding this transition 3. The opportunities open to lawyers in a rapidly evolving decarbonized economy.
The legal profession has always been regarded as a guardian of justice, an instrument for social change, and a defender of human rights. Lawyers have historically championed causes that promote equity, fairness, and the rule of law. Climate change, with its far-reaching implications, falls squarely within the purview of these principles.
First the Nigeria Bar Association should take a bold position on climate change and climate justice. The American Bar Association (ABA) recently passed a resolution in respect of climate change in 2020, which was followed by the International Bar Association (IBA), the ABA’s worldwide equivalent, passing a “Statement on the Climate Crisis.” The statement from the International Bar Association “urges lawyers, acting in accordance with their professional conduct rules and the rule of law, to consider… taking a climate-conscious approach to problems encountered in daily legal practices.”
Dernbach, Russell and Bogoshian in their work ‘Advocating for the Future’ – advocates for the national lawyer’s body to raise procedures that ensures that lawyers advise their clients of the risks and opportunities that climate change provides; especially lawfirms advising clients playing in the energy sector. The NBA can also craft means and incentives towards urging lawyers to engage in pro bono activities to aid efforts to reduce greenhouse gas emissions and adapt to climate change. Furthermore, the effects of climate change highly increases pre-existing vulnerabilities of communities with least resources and also those with the greatest need for legal aid. lawyers can pay particular attention to the climate policy preferences of people living in hardships. Lawyers may also craft ingenious litigation process to effectively litigate climate related issues in Nigeria. Also, Lawyers can contribute to reduced carbon emission in policy and law draftings. Kariki Muiga, in his work ‘Re-imagining the Role of Lawyers in Climate Justice’, also pointed out that eventually large reductions in greenhouse gas emissions and systematic adaptation to climate change are not likely to occur without new and changed laws. “This is because new and modified laws are required for dramatic reductions in greenhouse gas emissions to occur. To campaign for, write, assist in implementing, and guide clients on the various laws that are necessary at the federal, state, and municipal levels, lawyers are required. Legal reforms are also required in private law and governance, such as certification, auditing, labeling, and reporting programmes. Supply chain contracts are another area of private law that has to be modified. Legal counsel is sought out by clients in the business world and others for assistance with ensuring legal compliance, mitigating risk, and making other choices that substantially impact the carbon load in the atmosphere.” Lawyers in ensuring climate justice and decarbonisation can play a role of ensuring:
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- Legal Accountability: Lawyers can hold governments and corporations accountable for their contribution to climate change. This includes pursuing legal actions against those who engage in environmentally harmful practices or fail to meet set emissions reduction targets.
- Innovative Legal Solutions: Climate change offers new legal challenges that require innovative solutions.
- Promotion of Sustainable Practices: Lawfirms and lawyers can lead by example within their organizations by adopting sustainable practices, reducing carbon footprints, and promoting eco-friendly policies such as reduction in energy consumption.
- Collaboration across disciplines: The concept of climate change is inter-disciplinary in nature. Lawyers must work alongside scientists, economists, engineers, and policymakers to develop comprehensive solutions.
- Corporate Social Responsibility: Lawfirms can include or adopt climate related advocacy as their corporate social responsibility.
Opportunities open to lawyers in a rapidly evolving decarbonized econom
Beyond litigation there are numerous opportunities for lawyers in climate related economy, such as:
Renewable Energy : Lawyers focuses on issues related to clean energy projects such as solar, wind, hydro, geothermal, and other forms of renewable energy generation. They assist clients in project development, permitting, regulatory compliance, financing, and power purchase agreements (PPAs) for renewable energy installations. They also navigate tax incentives and subsidies available for clean energy projects.
- Green Finance Law: Green finance lawyers specialize in financial transactions that promote sustainability, such as green bonds, sustainable investment funds, and climate-related risk assessments for financial institutions. They help their clients to structure financial instruments that fund environmentally friendly projects. Importantly, they ensure compliance with evolving green finance regulations and standards.
- Carbon Markets and Trading: These involves lawyers who focus on carbon markets, carbon pricing mechanisms, emissions trading, and carbon offset projects designed to reduce greenhouse gas emissions. They advise their clients on the process and procedure of participating in carbon markets, procuring of carbon credits and structuring carbon credits transactions, complying with emissions reduction obligations; and how companies meet their carbon trading and offset commitments.
- Teaching: The need for lectures, seminars and symposiums on legal aspect of climate activities will gradually increase, lawyers and legal experts will be needed in these areas.
- Climate Tech Startups: These are also called clean startups. Lawyers can provide legal counsel to climate tech startups that develop innovative solutions to address climate challenges, such as clean energy technologies, carbon capture, and sustainable agriculture. They assist startups with incorporation, intellectual property protection, financing, regulatory compliance, and contract negotiations.
- In-House Counsel: Many corporations and companies will increasingly hire in-house lawyers with expertise in climate and sustainability issues to ensure compliance with environmental regulations, manage risks, and pursue sustainable business strategies.
- Environmental, Social, and Governance (ESG) Compliance: Lawyers operating in the ESG space assist organizations in meeting environmental, social, and governance criteria that are crucial for sustainable and responsible business practices. These lawyers will help companies integrate ESG factors into their operations, policies, and reporting. They also ensure compliance with evolving and necessary ESG disclosure requirements.
In conclusion, on the part towards a decarbonized economy the need and relevance for lawyers in the sector will increase, most important is the role and responsibilities of the legal profession towards climate decarbonisation.
Opatola Victor is a legal practitioner and policy expert., [email protected]
