Lawyer Monthly Magazine - March 2019 Edition

11 SPECIAL FEATURE MAR 2019 www. lawyer-monthly .com choose to react to renewable energy generation. Reactions vary significantly from state to state. For example, energy companies in California embrace alternative energy generation: customers with solar panels in their businesses and homes are able to supply their own needs and then sell excess energy through a process known as “net metering”. Idaho has lacked a forward-thinking approach and resistance has discouraged the generation over the past ten years: utility companies would offer long-term power purchase agreements necessary to successful financing of projects; that practice has been reversed and made project development despite increases in (migratory) population, and correspondingly, increased energy needs. Environmental Concerns Nonetheless, overall, how have growing environmental concerns impacted other corporations and sectors? It is an increasingly prevalent concern and an essential consideration for transactional due diligence, strategic planning, and general risk management. Establishing the criteria for site selection (whether greenfield developments or existing facilities) requires consideration of environmental concerns. Permitting, land use and environmental impact issues require definition in the early stages of any project. This outlines legal transactional considerations and is also very much relevant to the business modelling, strategic planning and practical/personal interactions with the regulator(s), upon whose approval many projects will either succeed or fail. In my experience, developing a relationship that establishes mutual-respect, rapport, and transparency will set the stage for a productive and practical working relationship. In less favourable scenarios, the investment in trust- and disclosure-based approaches can pay significant dividends. Environmental Demands In your opinion, what is the best way for sectors, such as real estate, to adapt corporate best-practices and policies in order to adjust to changes in environmental demands? A two-part approach is often helpful. First, counsel In my experience, developing a relationship that establishes mutual-respect, rapport, and transparency will set the stage for a productive and practical working relationship. to a company affected by environmental regulations must be conversant in, at the very least, those regulations and be aware of regulatory issues as they arise. If the depth of knowledge and experience in dealing with such matters justifies it, establishing a relationship with outside counsel specializing in environmental issues is critical. Second, company personnel whose activities and responsibilities fall within the scope of environmental regulation should be trained in matters of regulatory compliance, provided with the necessary reference materials to “self- govern” on a day-to-day basis, and develop (in conjunction with counsel) training materials, compliance checklists, and access to company-specific information providing updates on this constantly-evolving area of regulation. This is another area where counsel should give the necessary time and attention to the client’s management and make themselves available as a resource and member of the team given areas of overlap. The Gig Economy With the rise of the gig-economy and evolving changes in employment structures, such as demonstrated in the California Supreme Court’s Dynamex Decision, how do you expect businesses and their workplaces to change? Contrary to the significant outcry from California-based business communities, Dynamex presents an opportunity to comply with requirements of properly classifying work-oriented relationships. It is entirely possible to legitimately define and benefit from independent contractor relationships. The key is to do so in a way that complies with the law. Control over the