State of the market

Since news spread of the Australian federal government's proposed Renewable Energy Bill and Carbon Pollution Reduction Scheme, firms have been optimistic that environmental work would increase.

Johnson Winter & Slattery expects environmental law work flows to double, if the draft Renewable Energy Bill and a White Paper on the Carbon Pollution Reduction Scheme are passed by the federal government.

The bill, together with the white paper, could mean mandatory renewable energy targets will increase from 5% to 20% by 2020, says partner Fiona Melville. This would bring new projects spanning practice areas such as environment, planning and construction. "There will be a mix of environment and energy & resources work, including larger projects such as wind farms and solar," she says.

Although work is expected to increase gradually, Melville says there is currently some in helping clients prepare to obtain carbon permits. "Under the current proposal, permits could become financial products. If that happens there will be 700-1,000 participants who need a financial services license, as well as training and support to keep in line with policies," she says.

Over in New Zealand there has been a "substantial" increase in voluntary emissions scheme work for firms, despite the Kiwi government's move to postpone the compulsory emissions trading scheme. Chris Bougen of Chapman Tripp said firms have realised that clients are increasingly interested in green credentials, carbon neutrality and sustainability. This has led to an increase in work flow over the past few years. "Work in the voluntary carbon markets is likely to continue, although the focus will shift away from emission reduction projects to mechanisms that businesses can use to demonstrate their green credentials voluntarily," he says.

However, compliance required by the emissions trading scheme may ultimately lead to a drop in voluntary emissions work, once the scheme is enacted. Nevertheless, Bougen is "relaxed" about work flows. "There will still be trading activity going on in the voluntary markets. There is still going to be international organisations measuring client emissions and issuing some with carbon credits - there is a market for them. We are also seeing trading of existing credits," he says.

There are also areas of forestry that are still in high demand. Craig Nelson of Simpson Grierson says that any pause in Kiwi climate change work should not stop clients participating in emissions trading. "It's only natural that there will be a pause. Whether they are an emitter or a forester, NZ is still party to the Kyoto Protocol and needs to meet its obligations," he says.

Nelson points to a niche area of forestry that is increasing in popularity involving the Permanent Forests Sink Initiative (PFSI). Although historically, PFSI has not received a large following due to commercial interests of timber production, the firm has begun to see some interest. "We began working on PFSI deals before the initiative was even passed by parliament," he says. "There is the first-mover advantage, whereby clients take opportunities and secure deals while other players wait for the 'i's to be dotted and 't's to be crossed. Namely, the best land and forests will be snapped up by those who move first."

Some Kiwi firms have tried to increase their environmental work flow by publishing articles and running workshops about how clients would need to adapt to the emissions scheme. However, it may also be a question of whether a firm practises what it preaches.

DLA Phillips Fox's Ana-Mari Martinez, for example, recently became one of the few Australian lawyers to be certified as a Green Star Accredited Professional - an environmental rating scheme, developed by the Green Building Council of Australia to evaluate environmental merit. "Most of the people accredited are architects and engineers, or others involved in the building design process. Lawyers don't design the buildings but they have to prepare contracts for Green Star projects, so we need to understand the risks and liabilities," says Martinez.

She believes more construction lawyers should seek accreditation, because demand is growing for Green Star projects. "Particularly lawyers interested in Energy Sustainable Design projects should consider it," she said. "Green Star principles are becoming increasingly relevant in construction projects."

SYDNEY

As expected Sydney lawyers have undertaken the majority of environment work, slightly more than Melbourne according to ALB's research. One client in the property sector noticed a trend whereby environmental aspects are becoming increasingly inseparable for financing matters, particularly those involving requests for funding. "If you aren't on top of it, you won't get any value or interest in your properties," he says.

Interestingly enough, some of the non-national firms received a significantly higher amount of praise than in previous ALB guides and one of them was Baker & McKenzie. Clients believed the firm offered excellent and professional service, with significant experience in carbon credit work. Martijn Wilder was described by one client as "one of the best environmental lawyers in the world" and his first port of call. He was also "cautious in defining carbon neutrality" and considered issues from his clients' perspective, particularly when it came to voluntary carbon trading. Said to be "extraordinary" to deal with, "incredibly" responsive and available to work at all hours of the day, he also knew all the right people and details on the matter.

Paul Curnow was enthusiastic and knowledgeable in carbon compliance, "great to work with" and tried his best to help, while Andrew Beatty was mentioned for his advisory and litigation work. Luke Devine was willing to travel to other countries and knowledgeable about forestry issues; had a team with a depth of expertise and tended to keep himself busy.

Gilbert + Tobin also rated very well, notably for matters of environmental contamination, water and structural and regulatory reform. Special counsel Noni Shannon was praised for handling environmental assessments and drafting key provisions, as well as her strong work ethic, elegant and effective drafting and ability to work late nights. She was also cited as practical, commercial and responsive, and always on time with her advice - which was "clear and personable". Marko Komadina was a strong lawyer who saw the commercial side of matters, drafted documents well and had a non-confronting style. Luke Woodward was knowledgeable, a straight-talker and quick to analyse a situation - and understand it. Philip Breden was "fantastic" and one of the main points of contact for clients. Gary Lawler was a good negotiator.

Henry Davis York was an "on-the-ball" firm that left clients feeling happy with its professional approach and "vision of the bigger issues". Many of the firm's lawyers were praised for being able to handle complicated cases and communicate in layman terms, and having a real culture of providing practical solutions, rather than just options and implications. Elizabeth Wild was firm, professional, practical, pragmatic and determined, and able to provide definitive advice and "make things happen". Another client felt that she not only "knew her stuff" but was also "bloody sharp", and had a non-confrontational style with parties sitting across the table. She was not the type to "pick a fight", however, but stood her ground, which made her stand out from the rest. Nicholas Brunton was capable and managed matters smoothly.

Holding Redlich was commercial in its legal advice and impressed clients with its service; it had a "can-do" attitude and a "fantastic" information turnaround, met "tight deadlines" and was "very reasonably" priced. Richard Abbott was able to finalise legal documentation however complex and time-consuming. One client described him as "methodical, diligent and co-operative". David Brigden was knowledgeable in environmental aspects of planning, had government experience and saw both sides of the public and private sectors.

Tresscox Lawyers' Graham Englefield was very experienced in environmental and planning matters for resources companies, consultant Terry Grace was involved in environmental aspects of construction.

Corrs Chambers Westgarth's Christine Covington's expertise in environment was both broad-ranging and specialised, while John Jardim was known for his infrastructure and government-related environment law.

DLA Phillips Fox left clients with a positive experience and was generally flexible and hands-on, with a good understanding of environment law. Chris Drury was mentioned.

Bartier Perry had a good share of environmental aspects in larger projects. Mark Allen was good to work with on carbon projects and very professional.

PriceWaterhouseCoopers in-house lawyer Andrew Peterson understood environmental requirements and was direct in his approach. He had the capacity to express, analyse, communicate and develop complex environmental regulations, also giving insight into business risk associated with those laws.

Blake Dawson was a "top pick" for New South Wales-related work. Clients were pleased with Mark Brennan and thought he was a good practitioner, as he was able to provide the legal knowledge and apply it in a practical sense. His knowledge of his clients' history kept them coming back time and again. Patrick Ibbotson was noted as one of the "best guys in the field" and undertook the vast majority of environment work for clients, Michael Asteel was commended for his handling of environmental planning and public infrastructure, while Tony Hill was a "specialist" in greenhouse gas regulations.

Minter Ellison was strategic, commercial, legally-focused and technically strong, and also well-connected. John Whitehouse was experienced in planning and environment, Patrick Holland was a favourite for his humorous approach and understanding of environmental "politics", as well as his intent and strategic focus, while Duncan McGregor was also singled out for praise.

Clients were highly satisfied with Freehills and one of them even called it the "best firm in Australia" and the "guns for carbon". Consultant John taberner was the "ultimate professional" with a significant background in environmental law. He always met deadlines, provided strategic advice and addressed legal issues effectively.

Clayton Utz's Peter Briggs was a leading environment lawyer, hard-working - and not afraid to "pick a legal fight" when needed. Andrew Poulos was "technically excellent" and very experienced in environmental aspects of government work.

Mallesons Stephen Jaques received its fair share of praise. David O'Donnell was a "leading environment and planning lawyer with high credentials", Debra townsend was "excellent" in environmental aspects of planning.

Deacons' Peter trevaskis and Lexia Wilson were commended for their work on environmental aspects of property law.

Allens Arthur Robinson was "fantastic" for panel work.

MELBOURNE

Clients are increasingly favouring firms that use litigation only as a last resort, because the economic downturn has tightened budgets to the point where months of dispute resolution are no longer a viable option.

Russell Kennedy principal Andrew Sherman was favoured for being a very "hands-on lawyer" with respect to environmental aspects of land acquisition, compulsory acquisitions and administrative work.

Baker & Mckenzie was singled out for praise, particularly for its involvement in carbon trading from the very early days. Mini vandePol was mentioned for her environmental compliance litigation work.

Holding Redlich's Chris Lovell did "all the big" work, particularly various environmental aspects of planning. Lou Farinotti was mentioned for his work on various environmental matters.

DLA Phillips Fox was very ambitious and Louise Hicks was efficient and put a lot of effort into her work. Mark Bartley was also singled out for praise.

Corrs' Bev Kennedy in Melbourne was noted for her work on water.

Among the national firms, Deacons was "excellent" at undertaking planning and water-supply catchment protection, with over 10 years' experience. Overall, the firm was "fantastic", clear and concise, and capable of following the brief, as well as able to overcome opposition from other parties, identify issues from the client's perspective and make coherent presentations to board members. Elisa de Wit was "extremely professional", level-headed and a good leader who was also knowledgeable of environment-related legislation, skilled at managing contracts and able to anticipate key issues and identify complex ones during panel hearings - all of which helped her achieve a high degree
of success.
Sally Macindoe was great to deal with and helped clients achieve success. She was also good on statutory planning issues and did a "terrific job" on them, as well as offer advice with long-term benefits.

Blake Dawson provided "excellent support" in environment matters and had a notable strength in litigation. Robert Jamieson delivered exactly what in-house lawyers expected in a "highly professional", responsive way with an approach that was both service- and client-orientated. He undertook environmental cases and dealt with courts, with good access to the Environmental Protection Agency (EPA) and good ethics generally.
Special counsel Sandford Clark was acknowledged for his water law work.

Allens had longstanding clients who favoured Chris Schulz for being commercial, sensible, pragmatic, responsive and approachable, and proactive rather than reactive. He offered good risk-prevention and strategic advice, particularly in his work on pipelines, treatment plants and both environmental and planning approvals. One client said he "turned a lot of complexity into simplicity" and focused on points that were commercially relevant.
Maryjane Crabtree was also praised for her litigation work, responsiveness and ability to avoid issues from arising. Grant Anderson was responsive and "on top" of both environment legislation and reporting requirements.

Freehills' environmental practice was praised for being competent and having a strong team, which typically consisted of one partner, two senior associates and up to three junior lawyers. Clients in the wind industry commented that Tim Power was at the "cutting edge" of environmental planning law, with a good command of jurisdictional law. Andrew Clark was praised for undertaking an "enormous" amount of work in renewable energy and compliance.

Clayton Utz's Sallyann Everett was a "black letter" lawyer, "technically excellent" and easy to deal with.

Mallesons' Stephen Davis was well-regarded for his environment legal advice.

PriceWaterhouseCoopers' Liza Naimone had a highly developed approach to carbon reporting.

BRISBANE

In the Sunshine State Tresscox Lawyers was described by clients as an emerging firm in the environment space, with a good understanding of current issues such as carbon trading and climate change. Andrew Bruton was enthusiastic, willing to engage with clients and provide sound legal advice. He was also interested in learning about various projects even if he was not acting for some of those clients at the time.

Corrs had a strong environment team, even though it was not necessarily as sizeable as some of the national top-tier firms. Clients gave Henry Prokuda top rating and said Peter Schenk delivered a high standard of work, while Luke McDonald was very dedicated to his client service.

Holding Redlich's Michael Byrom was respected for his pioneering work in setting up the Brisbane office's environment and planning practice. Scott Lambert was mentioned for his environmental work in construction matters and noted for having Green Star accreditation.

HopgoodGanim's Martin Klapper and David Nicholls were "good operators" and commended for producing quality environment advice.

Minter Ellison was "spot-on", thorough, confident in its advice, strategic, commercial and legally focused. The firm "canvassed" all relevant issues and went to great lengths to ensure that documents were all-encompassing, technically sound, quick and commercial. Leanne Bowie was "technically excellent" and responsive, and took the initiative to raise issues if problems occurred. She also had a consistent knowledge of legislation and the EPA, while having a "finger on the pulse" when it came to the environment and the resources industry.
Russell Bowie was pragmatic and talented, able to deal with issues quickly and powerful when required. Amanda McDonnell was highly engaged and extremely competent.

Allens was "top-notch" and clients turned back to the firm because they considered it to be the "best for controversial matters". The lawyers were chosen not only for their experience but also their track record, and contacts for "leading silks in the game".
Bill McCredie was knowledgeable and aware of current issues, while able to question and alert clients to case law examples. He did not only practise the "black and white letter of the law", but was well-versed in science and understood the law's practicality. John Briggs was an "excellent operator", gave "outstanding strategic advice" and delivered on what he was asked to do. His strategic advice was a strong point and he was also able to steer clients in the right direction. Paul Newman was praised for his environmental energy work.

Clayton Utz was "undoubtedly professional" and responsive. Karen Trainor was pragmatic and "easy to use", Barry Dunphy had a good understanding of environmental aspects of "government dynamics", while Pat Dwyer understood the political dynamic of providing advice that was process-driven.

Mallesons special counsel Matthew Austin got the job done, had a good grasp of issues and did quality work.

Freehills' John Ware in Brisbane has been with the firm only a short time, but has become a "fabulous" lawyer.

ADELAIDE

Of all South Australian firms Thomson Playford Cutlers was given the greatest praise by longstanding clients who called it "one of the best". Fraser Bell's knowledge and results were "second to none" because he not only knew how to navigate the outback but also the people and the industry, and had local knowledge. He had a good working knowledge of carbon trading and renewable energy, had an insight into new areas of environmental law. He was also known to "take carbon" instead of cash and had a good command of South Australian planning laws - particularly those related to renewable energy and wind farms. From the litigation perspective, he was intellectual, astute and able, with an "imaginative approach" and the ability to come up with solutions that were "out of the box".

Finlaysons was very knowledgeable on emissions trading and compliance matters, as well as comprehensive and thorough, with "excellent relationships" with regulatory bodies, such as the EPA and government organisations. Suzanne Dickey was professional and thorough, and had a good grasp of environment legislation while following everything through to completion.

Minters was knowledgeable and experienced in both the legal and commercial sides of matters, and was praised for its site-contamination work. Judith Bradsen was strategic and commercial in her approach and had an impressive line-up of contacts.

PERTH

Minters was commended for its planning and environment work and was often chosen for its attention to detail, speedy service and acumen - both legal and commercial. Glen McLeod was capable, while senior associate Mark Etherington was described as a rising star.

Freehills did a fair amount of good work and was often a first point of contact for the firm's existing clients interstate. Tony van Merwyk was called one of Perth's leading lawyers.

Blake's Geoff Gishubl was known as an "expert" in environmental and native title law, with particular expertise in resources-related environmental matters.

Clayton Utz's Brad Wylynko was a "young gun" and an "emerging star" in both environment and climate change work.

Mallesons consultant Lee McIntosh was also commended for his experience of more than a decade in handling environment and native title matters.

Allens had a good knowledge of environment law and was both practical and responsive.

CANBERRA

Blake's special counsel Stephen Mason was "extremely diligent", professional, knowledgeable and quick, and often considered to be the "best lawyer to work with". Angela Summersby was thorough and careful, and had clients who kept coming back to her for environmental aspects of government.

NEW ZEALAND

Bell Gully went to great lengths to provide as much service and assistance as possible. David McGregor was professional and down-to-earth in his dealings, and provided sound advice on a number of planning and legislative environment matters. He responded to specific requests for legal assistance and was sufficiently familiar with his clients' businesses and way of working to point out matters arising that they should note Tom Bennett was a "pleasure to work with" and professional, but did not compromise his "personal touch", while both Simon Watt and Kate Radka did "fabulous" work, and were experienced and innovative.

Several Simpson Grierson partners were singled out for praise. Rob Fisher was "one of the most experienced" at environment aspects of project work, Bill Loutit was pragmatic, Heather Ash was thorough and Padraig McNamara was an "expert". Duncan Laing was a resource management "guru", Philip Milne was skilled at water matters, James Winchester was a "highly energetic rising star" and Jonathan Salter was one of the most highly experienced practitioners in environmental aspects of government.

Chapman Tripp offered "superb" knowledge and practical advice. Frank McLaughlin was helpful with the financial markets side of carbon matters, John Hassan was calm, knowledgeable and a good strategic thinker, while Suzanne Janissen was highly regarded for her environmental work on major infrastructure projects. 

Buddle Findlay's Steve Nightingale was termed a "good guy in climate change", Alastair Hercus was bright and cool-headed, Paul Beverley was an all-round capable lawyer, while Patrick Mulligan was also mentioned.

Minter Ellison Rudd Watts' advice was problem-free and precise. Rachel Devine was accurate, practical and commercial in her legal advice. Paul Radich was mentioned for his litigation work.

Russell Mcveagh's Derek Nolan, Paul Majurey and Christian Whata were mentioned.

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