Environmental Law Practice: A Perspective From Inside And Outside
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Under the leadership of Mr. Rigney, please give our readers information on your professional experience? Rigney: After studying at the University of Chicago Law School in 1980, I arrived at Chicago-based law firm Jenner & Block. I had a part of commercial disputes and the white-collar crime practice. In 1988, I left Jenner join BP America, where I remained a “hands-on” commercial litigation practice for two years, until I suppose, the management of the Environmental Health & Safety Group. I was responsible for the environment, legal advice and process of conducting BP America’s refining, marketing, chemicals and the company. During the year 2004, I moved in the framework of the Assistant General Counsel position in the management process of the BP group. There, I was responsible for most of the disputes in the United States in the same company. The portfolio consists of the enterprise agreements, toxic wrongdoing, shares of class, labour and employment policy cases, the government and investigations, and so on. Shortly after our youngest child graduated from the university, I am retired from BP and took a few months to a year off. My wife and I have traveled widely held, and I am with my hobbies and enjoyed my time with young children. In 2006, I arrived at the office of Chicago Kelley Drye. Editor: Why did you back in the private practice of law and, in particular, Kelley Drye? Rigney: If I decided to return to the practice of law, I did not decide to go back to the original company. I decided that I wanted something different from what I have done so far nearly 18 years with BP. I was looking for a new challenge and a new framework. I ended up view of a number of options, including the rootstock and the chances of a lawyer, and decided to Kelley Drye. Kelley Drye I chose because of my experience in working with lawyers during his BP. I had a high opinion of their job skills, their culture, to reward their hard work and customer focus. I knew that the company had divided many of my ideas on the best way for a customer service required. I also noted that the company in the areas of flexibility, I thought it would be important for the development of my own clients. During my 18 years of BP I had developed some strong views on the attributes needed for a lawyer and a law firm as the best source for a client. I felt that my content of competence, the experience I have gained as a customer, and the support and contribution of Kelley Drye, I could go to better my package clients.Editor: How do you you describe the practice are being developed Kelley Drye? Rigney: drawing on the experience of my two BP and Jenner & Block, I concentrate on my environmental practices complex litigation, commercial litigation and white collar investigations and litigation. J’amène benefit most, more demanding customers, as BP and other companies in the Fortune 100, because my direct experience about the problems they face, and I am done, the resources yard, they are ready to engage in the reply. Publisher: Were you in legal issues relating to climate change, while you were at BP? Rigney: I have already in the field of climate change for the year, but in principle, in the regulatory environment for reducing emissions of greenhouse gases and early reduction efforts of commercial credit. As you know, scientific research and social climate change issues have already, for a number of years. Year of Youth, other legal developments with regard to climate change. The law of climate change is omnipresent. This is not a problem of environmental law on environmental know-how’s lawyer. However, it was in a multi-disciplinary, trade and corporate law, advertising law and management processes, among others. An environment in which it appears, it is a relatively new and growing phenomenon of climate change as a hook with complaints against the public nuisance of large groups. It is not particularly successful effort, the time, but because of United States dollars are at stake, it is doubtless continue for some time. Another reason is that it is a public body of the SEC’s disclosure regarding the financial commitments of the impact of climate change on social issues. A third context, the company wants to take advantage in the market of a product or policy, it is environmentally friendly. Competition for consumers aware of the ecological point of view and the lack of clarity in the language of science and climate change increases the risk for advertisers that its message is challenged as misleading. Editor: Can you comment on any other major trends subject or on the environment, disputes your practice? Rigney: An interesting question is, in a region where the law is more mature and developed, with regard to climate change. The legal framework under the liquidation of the assets of contamination and clean-up dispute has developed over the years. Science, however, is forward. We have a better science regarding the nature of contaminants and the identification of new dirt. We have an opportunity to identify more precisely, contaminants, and we have better information on the human health effects of contaminants. Cleaning Devices years under the old set of rules of science and old now that the risk reconsidered. It will be interesting to see how government agencies and individuals react. I hope we have learned a few lessons from the Super reference program, and do not recur, approaches, as a general rule, disputes. Editor: What advice would you do in a house of the lawyer or to assist their preparation for issues like this? Rigney: A new area of justice poses particular problems for lawyers advising clients. It often requires more than just advice on how to monitor compliance with the law. One of the first things I would like to propose, for an In-House Counsel is that someone, preferably in the house, which includes the larger image, with regard to the company’s business and the evolution of environmental problems such as climate change. That is to say, keep his finger on the pulse of developments in the law, both by the courts and congress. Secondly, I would like to propose a regular analysis of the potential risks to the company. These measures may differ greatly in size, depending on whether the company in a store or greenhouse gases produced, for example, a consumer products. Questions should be analysed in the context of ongoing operations of the company. The tests should examine whether adjustments are needed, and whether the business may be whether the objectives can be changed and whether steps can be taken outside of the company to risk reduction. For example, with regard to climate change. Companies, the shares of utilities nuisance - Energy and automobile enterprises - because it is determined by the nature of their businesses. Although a number of things can change, the nature and the way of doing business, they can not change what they do and viable. An analysis of this situation resemble reduce risks from the outside - of Justice or the Congress or the public. The opposite situation, the company which creates the risk every day with his “green” advertisements. This risk can be managed very effectively with an ongoing analysis of objectives of the company, the law and common law, and the message itself balancing exposure and business objectives with a view of risk aversion driving, it should be the correct result. Editor: What is the role of board both inside and outside the direction in the management of a company dealing with such threats? Rigney: In my opinion, there are outside guidance for the skills and experience that are not present in the house. The inside / outside balance depends on the size and complexity of the internal division. In all cases, the consultation is generally much stronger with the company and the client’s specific objectives, the breadth of the company led to a change in its activities, and its attitude to risk. It is therefore important that the in-house prosecutor contribution on aspects of the investigation. The outside counsel can take a broader perspective, because he or she is likely to lead to many more clients of different sizes and in different sectors. Through these different experiences out of the consultation can give a greater appreciation of the assessment and legal issues. The best solution is a collaborative effort, consultation and outside the In-House Counsel to each challenge, but also other ideas and analysis to achieve the best possible result for the client. |