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American Bar Association Energy and Resources Committees

International Environmental Law Committee

Private Practice

Name: Kyle Danish

Position: Associate, Van Ness Feldman, P.C.

Education: Princeton University Woodrow Wilson School of Public and International Affairs, Master in Public Affairs (1996); Temple University School of Law, J.D. (1997)

  1. How does your present work involve issues of international environmental law?

    I advise clients on various international and domestic issues related to global climate change, including both regulatory and transactional issues.

  2. Which aspects of international environmental law practice do you find the most interesting, and which do you consider the most difficult?

    Among the things I find interesting about international environmental law practice is the lack of precedents and established structures; new issues provide a opportunity to develop a new policy structure. At the same time, this lack of established structures increases the difficulty of the practice.

    Another difficulty is breaking into the field. In my limited experience, few private law firms have active international environmental law practices because, to date, international environmental law has had a direct impact on only a very few businesses. A number of NGOs are involved in international environmental law, but they do not hire the number of first-year lawyers that law firms do. Government also has a limited hiring capacity.

  3. What training and/or previous experience do you consider to have been helpful to your ability to effectively analyze and solve problems in this field?

    I took international law and international environmental law in law school. I also benefited a great deal from my masters program in public affairs. My economics and political science courses have been very valuable.

    During school, I approached an NGO involved in international environmental law and offered to do a research project for them. Through that internship, I learned a good deal about the issue and made a valuable contact. If you can afford it, offering free work can be helpful.

  4. Within the field, what issues or areas do you expect to pose the most significant challenges for policymakers, industry, and NGOs in the year 2000 and beyond?

    I think developing a cost-effective and equitable international regime to address climate change will pose an enormous challenge. Across all international environmental treaty regimes - and, indeed, across international treaty regimes generally - I think that developing effective enforcement tools is a difficult issue.

  5. What words of encouragement or counsel would you offer to students of environmental law or to young environmental law practitioners interested in working in the area of international environmental law?

    International environmental law is a growing field. I think it's helpful to make yourself an expert on a particular issue though writing and research and then connect yourself with an organization to whom your expertise is valuable.

Name: Andrea P. Sumits

Position: Associate, Beveridge & Diamond, P.C.

Education: J.D. 1995, Santa Clara University; B.A. 1991 University of Texas at Austin

  1. How does your present work involve issues of international environmental law?

    I advise U.S. companies that have manufacturing facilities in Europe and Asia. Much of the counseling I offer relates to compliance with foreign environmental, health & safety (EH&S) laws, regulations, and directives. In many instances, U.S. companies are seeking to harmonize their EH&S practices at all facilities worldwide, which requires an understanding of what is-required of them in each jurisdiction in which they operate. I also counsel clients regarding environmental due diligence in connection with real estate transactions for properties and facilities overseas. In addition, many clients are pursuing conformance, and in some cases third-party registration, to voluntary international. EH&S management standards such as ISO 14001, BS 8800, and the EC Eco-Management and Audit. Scheme. I advise clients on the requirements of these standards, the design and, implementation of EH&S management systems based on the standards, and conduct audits to determine whether clients have achieved conformance with the requirements of the standards.

  2. Which aspects of international environmental law practice do you find the most interesting, and which do you consider the most difficult?

    I find the developing international treaties and protocol fascinating, and keeping abreast of these developments is instrumental in being able to add demonstrable strategic value to the client's business. Moreover, as environmental degradation increasingly becomes a trans-border concern, the need to develop international agreements and solutions for protecting the environment grows. This presents the opportunity for creativity, collaboration, and cooperation among lawyers, clients, governments, and the public, as well as between business competitors, countries, and within business value chains.

    As the globalization of the marketplace is increasing at an exponential rate, international environmental attorneys are faced with the formidable challenge of remaining current not only with the complex regulatory framework in the U.S., but also with those of all countries in which our clients operate. Determining the applicable legal instruments abroad, and even determining the relevant governmental authorities of other countries, can often be quite elusive to the attorney who has not yet had years of experience in the field.

  3. What training and/or previous experience do you consider to have been helpful to your ability to effectively analyze and solve problems in this field?

    International environmental work experience has been very helpful in terms of anticipating obstacles and time requirements in researching and analyzing foreign laws, rules, and regulations. I had participated in a summer study abroad program during law school in which I worked with the Hungarian Ministry of Environment, and had worked in Nepal at a public-interest environmental law office for a summer after finishing law school. Both experiences, as well as international coursework during college, were invaluable in preparing me for my career.

  4. Within the field, what issues or areas do you expect to pose the most significant challenges for policymakers, industry, and NGOs in the year 2000 and beyond?

    Global trade, sustainability, and the balancing of environmental, social and economic needs and priorities. These issues are leading to a growing demand for novel approaches to the development of environmental policy, as well as to government and regulation as a whole, which will require innovation in the relationships among the various stakeholders in the environment, including regulators, industry, and NGOs.

  5. What words of encouragement or counsel would you offer to students of environmental law or to young environmental law practitioners interested in working in the area of international environmental law?

    On the practical side, seek out coursework that provides you with experience working with the actual regulations as opposed to just case law texts and treatises, and seek work experience that will enable you to interact readily with clients as opposed to sitting at a computer or in the library. On the philosophical side, don't compromise your personal beliefs or priorities in pursuit of professional ambitions - it's never worth it. Always keep your ear to the ground for new opportunities, and don't be shy about chasing them.

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