Many prospective environmental law students are concerned both about the state of the environment itself and about their role upon graduation. The scale of environmental problems has become more severe, as exemplified by climate change and emerging issues; simultaneously, political shifts and recent court decisions have introduced uncertainty into the regulatory landscape. Nevertheless, the “reality is that in the field of environmental law, the worse the problems are, the greater the need for environmental lawyers,” says Professor Craig Johnston of Lewis & Clark Law School.
In a recent lecture for the online Environmental Law Emerging Topics course, Professor Johnston joined Associate Dean Janice Weis to address these concerns directly. He expressed that while the challenges facing environmental law are “bleaker than they have been in quite a while,” the field itself remains fundamentally strong, and the need for trained professionals continues to grow.
A Field Facing Real Challenges
Environmental harms are increasing in both frequency and severity, from wildfires and droughts to flooding and hurricanes. New threats, such as “forever chemicals” (PFAS), too, have become more widely understood, adding layers of complexity to an already demanding field. Compounding these issues are political divisions and shifting federal priorities.
Another source of concern is the current Supreme Court. In Professor Johnston’s view, four of the most damaging environmental law decisions have all come within the last five years:
- Loper Bright (undoing Chevron deference)
- West Virginia v. EPA (expanding the major questions doctrine)
- Sackett v. EPA (limiting Clean Water Act jurisdiction over wetlands)
- The Seven County case (weakening NEPA’s effectiveness)
“I can’t name another case from 1970 forward,” he says, “that was as devastating to the field of environmental law as any of those four.”
Stability and Hope For the Future
“We in the environmental program at Lewis & Clark understand students are concerned, not only about the environment itself, but about their future in environmental law,” Professor Johnston admits. Despite these concerns, the foundation of environmental law has remained remarkably consistent over time.
For students evaluating options like an environmental law LLM or environmental law MSL, this stability is important. While policies may shift, the underlying legal systems and the need for professionals who understand them remain in place. As Johnston notes, these foundational laws are expected to remain central to the field “for the indefinite future.”
One of the strongest forces preserving environmental law currently is the Senate filibuster, which effectively requires 60 votes to pass major legislation. It makes it difficult not only to enact new environmental laws, yes, but it also makes it harder to dismantle longstanding statutes like the Clean Air Act and Clean Water Act.
Additionally, environmental law operates within a structure that includes strong state-level implementation. Even when federal priorities change, many states maintain or expand environmental protections, reinforcing the long-term relevance of this field. There are also some causes for hope in terms of the evolution of environmental law, as “public interest groups certainly are stronger, more organized, and better funded than they have ever been.”
The Need For Environmental Law Professionals
As environmental issues become more complex, they require professionals who can interpret laws, navigate regulatory systems, and develop practical solutions. This includes not only attorneys, but also compliance specialists, policy professionals, and those working within corporations and nonprofit organizations.
For students considering an environmental law degree online, this means entering a field that is actively evolving and expanding. Environmental problems will require legal and regulatory solutions for decades to come, ensuring continued demand for professionals who understand these systems.
“Where there are environmental problems, there are environmental lawyers,” Professor Johnston reminds. “That has always been true, and that’s why I’ve always felt like the field has been and will remain secure.”
Invest in Your Future. Take the Next Step at Lewis and Clark
Lewis & Clark Law School offers flexible environmental law graduate programs, including both the LLM in Environmental Law for attorneys and the MSL in Environmental Law for professionals seeking legal expertise.
If you are considering an advanced degree in environmental law, now is the right time to make a difference. “In any event,” Professor Johnston says, “have hope for your future.”
Take the next step. Start your application today.