In an era of pressing environmental challenges and growing awareness of the urgent need for sustainable practices, the field of environmental law has assumed greater significance.
And, as the world grapples with issues such as climate change, biodiversity loss, pollution, and resource depletion, legal professionals equipped with specialized knowledge in environmental law can play a pivotal role in shaping policies, advocating for conservation, and fostering a sustainable future.
So, pursuing an LL.M. degree in Environmental Law offers a unique opportunity for legal practitioners, aspiring scholars and advocates of environmental justice to make their mark in the field.
This advanced degree equips students with the expertise, analytical skills, and comprehensive understanding required to navigate the complex legal frameworks that govern environmental protection, natural resource management, energy law, climate change mitigation, and the interplay between human activities and the environment.
A key role for lawyers
Several options exist, including an LL.M. Specialization in Environmental Law at UCLA School of Law in Los Angeles, which emphasizes subjects such as land use and zoning, water law, wildlife protection, renewable energy law, and climate change law and policy.
“It is clearer than ever that the primary challenges in tackling global climate change are no longer technical, but are instead political, social and regulatory,” says Cara Horowitz, Executive Director of the Emmett Institute on Climate Change and the Environment at UCLA.
“We increasingly have the technical capacity to transition away from fossil fuels and to reduce emissions and harms in other ways; we also have a burgeoning number of net zero commitments on the books.
“But how do we ensure that those commitments are real and implemented, and that the necessary technology achieves widespread adoption? Lawyers have the policy and enforcement tools necessary to make real climate progress, and they are key to making the changes we need.”
UCLA was the first law school to launch a program dedicated to studying climate policy, and demand for the LL.M. is increasing, particularly from abroad. “What policies and regulatory strategies have worked in California, the United States, and other jurisdictions? We explore these lessons with our LL.M. students, and they can take these lessons to their home countries to help improve environmental outcomes,” says Horowitz.
Robust demand for LL.M. programs
Also situated in California, Berkeley Law offers an LL.M. with the possibility to take a Certificate in Environmental Law, and demand is similarly robust. “More and more, we’re hearing from students wanting to play a positive role in the future wellbeing of our planet, as the impacts of climate change increase all over the world,” says Daniel Farber, Faculty Director of the Center for Law, Energy and the Environment at Berkeley.
“Energy and environmental law can be very different from country to country, and students are looking for an opportunity to study how the U.S. tackles these areas of the law, sometimes successfully and sometimes with plenty of room for growth.”
It’s an interdisciplinary area of study and the Berkeley Law certificate reflects that reality, allowing students to receive credit for relevant courses taken outside the law school.
But Farber stresses the critical roles that lawyers play in addressing the climate crisis. He says: “Within federal and state agencies, they draft regulations and spearhead their enforcement, and they work in non-profits to advocate for better policy. In the private sector, they work with firms to build out infrastructure needed to produce and use clean energy. And in all these settings, they seek to promote equity as well as environmental quality.”
Fostering sustainable practices
Elsewhere, McGill University’s LL.M. in Environment, is offered in partnership with both the university’s Faculty of Law and School of Environment. This program equips students with the necessary tools to navigate the intricate landscape of environmental law, address critical environmental challenges, and foster sustainable practices.
“Lawyers must adapt to the challenges posed by environmental problems,” says Jaye Ellis, Associate Professor in the Faculty of Law at McGill. “They must accompany the major climate trials and help their clients to highlight cross-cutting and intergenerational issues.”
Significant discussions revolve around representing the interests of future generations, evaluating direct harm, and establishing causality in the context of environmental law.
Furthermore, Ellis says various conventional legal domains such as tort law, property law, evidence law, and international law must undergo necessary adaptations to address and respond to these emerging environmental concerns more effectively.
What is abundantly clear is that LL.M. students are keen to be part of these transformations. “Students are increasingly keen to take courses in environmental law,” says Ellis. “They want to be better equipped to deal with one of the main challenges of their generation.”