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...
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...
Disclaimer
This site and blog are made available by Derouin Environmental Law, PLLC for educational purposes only, as well as to give you general information and a general understanding of the law, not to provide specific legal advice. Neither this site, blog, nor any linked resource is intended to be, and should not be relied on as, a source of legal advice. Accordingly, you should not rely on the content or any portion of the information...
Environmental Law 101: Define Success Before Negotiations; Identify Your Needs and Those of Other Parties.
The time to define success is ahead of a negotiation, not after you have gotten into it. Is success unconditional surrender (as was the case in World War II) or is it a lesser, discrete objective (such as forcing Iraq out of Kuwait during the First Iraq War)? A lot of sloppy, lazy thinking goes into explaining to business executives what it is that they should seek, or expect, from a complex permitting matter or...