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PROFESSIONAL SERVICES
The Law of the Land Environmental law firms ensure clients remain on solid legal ground By Vanessa Orr
E
nvironmental law is a vast field, especially in Alaska where so many different factors come into play. From protecting endangered species to developing natural resources in a safe and efficient way and making sure that landowners—including Alaska Native entities—are involved in decisions that affect their way of life, companies working in the Last Frontier must make sure that they’re on solid legal ground. For this reason, many companies choose to hire firms that specialize in environmental law to work in conjunction with, or in addition to, inhouse counsel. “In-house counsel usually does not specialize in environmental risks or hazards, and the broad umbrella of environmental law is very specialized within discrete subject matter areas,” explains Anna Crary, a senior associate at Landye Bennett Blumstein. “While in-house counsel can advise on governance matters and general risks across the organization, it is necessary for organizations to be aware of any possible environmental repercussions of their proposed activities.” While many environmental firms are involved in long-term issues such as the effects of climate change, the Marine Mammal Protection Act, and clean-up sites, these firms are also called on in times of crisis, such as when there’s an oil spill, newly found contamination, or if a client receives a notice of violation from a regulatory agency. “Part of our role is to anticipate issues, such as knowing when proposed regulations will be coming out and 20 | August 2021
helping clients draft comments on them or making sure that, when a company takes over another business or operation, they are doing all of the things they are legally obligated to do,” explains Tina Grovier, chair of the Stoel Rives Environment, Land Use and Natural Resources group in Anchorage. “We want to be proactive and create a plan for any issues that are likely to arise.”
Trending Topics In Alaska, as well as the other fortynine states, there is no shortage of environmental issues for legal firms to address on behalf of their clients. While many are overarching, such as changes in rules and regulations as a result of the new presidential administration, others, like Alaska Native subsistence issues, are more specific. “If you own a company that wants to become involved in resource extraction, development, or transportation on the North Slope, for example, you need to work with a firm that is familiar with the Marine Mammal Protection Act and the different kinds of regulatory requirements under that law,” says Crary. “Any time you want to do exploratory work, you need to work with Fish & Wildlife to receive an incidental take authorization. If your business is conducting scoping activities, you need to understand that these will likely affect polar bear and walrus populations and receive authorization to conduct those activities. “You also must be aware of whether proposed activities impact
or interfere with subsistence rights and get advice on how to approach and negotiate with Alaska Native corporations, tribes and tribal organizations, and other subsistence users,” she adds. “The scheme of law in Alaska is very different than in the Lower 48; ANCSA [Alaska Native Claims Settlement Act] and ANILCA [Alaska National Interest Lands Conservation Act] do not exist there, and in many cases, large entities who want to expand in Alaska aren’t aware of the importance of these laws and interactions and relationships with Alaska Native corporations and tribes.” While still an emerging issue, Crary expects to see the state and federal governments begin to address the effect that climate change may be having on the health of Alaska’s fisheries. “The past ten years have shown significant changes in the health of certain salmon populations and runs, such as the decline of king salmon in Kenai and the decrease in Copper River sockeye,” she says. “And the Chignik area sockeye fisheries have failed since 2018 because escapement goals haven’t been met. “I think this is going to make federal and state regulatory entities address changes we’ve seen in wildlife populations and engage with stakeholders, including subsistence users and commercial fisherman, to make regulatory changes to support establishing or bringing back healthy fish populations,” she adds. According to Scott Broadwell, counsel at Davis Wright Tremaine,
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