Legal news and trends for Canadian in-house counsel and c-suite executives
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a lack of global consensus on targets for reducing emissions — and a precarious global economy — and the results are predictable. "We've seen in the last five years a situation where climate change has been relatively high profile in the media and it's still not enough to drive public policy," says Douglas Clarke, a partner with Gowl- ing Lafleur Henderson LLP in Montreal. "In many areas of the world such as Asia and India, there is tremendous economic growth with little greenhouse gas mitiga- tion measures in place. When I look at it, I think if the most educated, sophisticated, knowledgeable people on this topic can't change their conduct, how do we expect anyone else to?" Many experts suggest mitigation efforts alone will not be a sufficient response to climate change. They argue that even if emissions growth could be brought to a grinding halt today, it would do nothing to stem the impact of greenhouse gases already in the atmosphere. Rather, busi- nesses and communities will need to take steps to adapt to the changes in climate affecting them. The idea of adapting to climate change has been around for a long time and is something that doesn't replace mitigation efforts, but rather, works in tandem with them, says Jennifer Cleall, a partner with Davis LLP in Edmonton. "We should continue our efforts in the area of mitiga- tion and we should reduce our emissions in an effort to slow down climate change, but we have to recognize it's happening, and we have to ask, 'what will you do to make yourself less vulnerable,'" says Cleall. The whole idea of adaptation is that it's complementary to the mitigation objec- tive, says Alex MacWilliam, of Fraser Mil- ner Casgrain LLP's Calgary office, whose practice is almost exclusively devoted to environmental matters. "There are those who would argue that increasing the focus on adaptation is not the way to go, but I don't agree with that," he says. "I don't think we'll be able to effectively mitigate all the man-made impacts to the environ- ment caused by emissions, so how do we adapt going forward?" ntitled-2 1 Calling on in-house counsel If internal corporate lawyers haven't come face-to-face with the legal ramifications of environmental adaptation, they need to prepare themselves. "For corporate coun- sel, there are issues they need to be aware of," says Cleall. "They need to understand how climate change is impacting their organization, and they need to identify what the risks and opportunities of adapt- ing to those changes are." Companies that manufacture energy- efficient appliances, she says, are an exam- ple of an adaptive response to climate change. Front-load washing machines, for example, use 50-per-cent less water than traditional top-load machines. "That's adaptation, and for companies Tradition Business A of Whether conducting business in Canada or across the globe, Aird & Berlis LLP understands the realities of your work. Our clients benefit from the firm's solid relationships with major institutions, government authorities and renowned national and international law firm affiliates. We combine the depth and strength of Canada's largest firms with the creativity and effectiveness of smaller firms. Count on us for legal counsel from a business perspective.® Eldon Bennett Managing Partner ebennett@airdberlis.com 416.865.7704 Brookfield Place, 181 Bay Street T 416.863.1500 F 416.863.1515 Suite 1800, Box 754 Toronto, ON M5J 2T9 www.airdberlis.com INHOUSE DECEMBER 2011/JANUARY 2012 • 8/25/11 12:01:27 PM 29