2009 IN REVIEW Key trends: Climate change

Lawyers began the year trying to help clients get their heads around the Government's rather lengthy White Paper Carbon Pollution Reduction Scheme: Australia's Low Pollution Future, released in…

Promoted by Lawyers Weekly 14 December 2009 Big Law
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Lawyers began the year trying to help clients get their heads around the Government's rather lengthy White Paper Carbon Pollution Reduction Scheme: Australia's Low Pollution Future, released in December 2008.

This was quickly followed by the release of exposure draft legislation for its proposed emissions trading scheme (ETS), which was by then officially known as the Carbon Pollution Reduction Scheme (CPRS), in early March.

In between the intense, public debate taking place surrounding details of the scheme - particularly surrounding if, and how much, compensation should be provided for emissions-intensive trade-exposed industries - there was also the issue of renewable energy.

The Government's announcement in June that it would be seeking to extend the renewable energy target to 20 per cent by 2020 was warmly welcomed by a number of businesses - and the climate change lawyers advising them - who were eagerly awaiting the opportunity to invest in this emerging industry.

However, relief turned to frustration as the Renewable Energy (Electricity) Amendment Bill 2009 (RET Bill) - tied to the CPRS Bill - failed to make it through the Senate, holding up a number of projects that were awaiting the certainty of formal legislation.

Finally, in late August, the Government split the RET Bill from the Carbon Pollution Reduction Scheme Bill 2009 (CPRS Bill), enabling it to pass through the Senate.

Meanwhile, in the midst of the drama, the first reporting deadline for the National Greenhouse Energy and Reporting Act 2007 reared its head.

Some - more organised - organisations sailed smoothly home, while others - calling their lawyers in a frenzy - made a last-minute scramble for the finish line.

For climate change lawyers, the last months of 2009 have been CPRS, CPRS and more CPRS - the negotiations over which resulted in a new Liberal leader, and culminated in its second Senate defeat on 2 December. This left Australia without a secured framework for an ETS going into the international climate change negotiations in Copenhagen which kicked off this week.

Other significant trends in the legal profession this year have included (click on link for a full examination of each trend):

>> Mid-tiers make their mark

>> Climate change on the horizon

>> The rise and rise of in-house

>> Speaking out about outsourcing

>> Too many city lawyers highlights rural shortage

>> Alternatives for billings methods gain momentum

>> The trend to business-minded lawyers

>> Mental health issues come to the fore

>> Workplace relations tug of war

>> Big firms place freeze on salaries

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