COP26: Will There Be a Political Cop-Out?

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By Beatrice Kang​


The Story

The world is warming due to fossil fuel emissions caused by human and industrial activity. Extreme weather events linked to climate change - such as heatwaves, floods, droughts and forest fires - are intensifying. This year alone has seen its fair share of climate catastrophes ranging from rampant bush fires in the US, Canada and Australia, to the deadly floods in Europe and China (Firstpost), and increasingly extreme droughts and typhoons across the US (NCNI Website), South Asia (Red Cross) and Sub-Saharan Africa (The Guardian).
The uptick in climate-related disasters, coupled with vocal protests against climate change (Reuters), has increasingly pressed world leaders to outline how they plan to reduce fossil fuel emissions and combat the devastating effects of climate change through collective action.
The 26th UN Climate Conference of the Parties (COP26), which is currently taking place in Glasgow, Scotland, is one of the most highly anticipated diplomatic summits in recent history (CNBC). In the COP26 summit, 200 countries are being asked for their plans to cut emissions by 2030. A likely benchmark for negotiations will be the 2015 Paris Agreement, where delegates have agreed to:
  • Keep the rise of global temperatures "well below" 2.0°C above pre-industrial levels (with aims to limit rises to 1.5°C);
  • Reach net zero by 2050; and
  • Provide “climate finance” to poorer nations to support the reduction of emissions and the switch to renewable energy (BBC).
What It Means For Businesses And Law Firms

Dozens of law firms will be sending delegates to attend and take part in various events in the COP26. Several law firms are hosting panels, conferences and providing speakers such as Herbert Smith Freehills, Hogan Lovells, Clifford Chance, Linklaters, Baker McKenzie, Clyde & Co and Slaughter and May (Law.com).

The question of sustainability has made headway into the legal industry’s agenda in recent years, with many firms such as Norton Rose Fulbright and HFW appointing dedicated sustainability spokespersons or leaders to manage the firm’s environmental impact. In addition, in early 2021, over 20 international law firms have formed an alliance, the Net Zero Lawyers Alliance, committed to accelerating the transition to net zero emissions by 2050. In line with these recent developments, commitments and pledges made in the COP26 summit may encourage more law firms and other actors in the legal industry to take up more ambitious sustainability initiatives.
But, despite enthusiastic engagement, “Big Law” has some way to go in improving its own impact on climate. According to research carried out by Law.com, the UK’s top 50 law firms produced “CO2 emissions equivalent to nearly 2,000 tanker trucks worth of gasoline from their UK operations.” Drawing from this report, it is unsurprising if the environmental impact of law firms’ business operations comes under greater scrutiny following the COP26 summit.

Moreover, law firms whose clients have had a history of causing negative environmental impacts may be called into question. For instance, activist groups have already criticised the UK government’s appointment of DLA Piper for their legal services in the COP26 summit. As noted by DeSmog, a climate activism think tank and blog, despite the firm highlighting its environmental allocades in the COP26 announcement, DLA Piper defended ExxonMobil over an alleged gas leak in Maryland in 2013 and Occidental Chemicals Corporation over its burying of toxic waste in the Niagara Falls in 1989 (also known as the “Love Canal Litigation”) - still considered “one of the biggest corporate environmental disasters in history.”
Should governments choose to legislate any commitments and pledges made during the COP26, this may generate governmental advisory work for law firms. Additionally, if, for example, the sustainability or environmental legislation subsequently drafted following the COP26 impacts town planning, energy and construction laws, this may generate additional work for law firms with real estate, construction or project finance specialisms. Finally, law firms may need to train their departments to anticipate the demand for sustainability metrics and analysis in any future advice that they give to both businesses and governmental bodies.
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