October 14th, 2024
ELF member spotlight: Joanna Smallwood
Joanna has a long standing interest in nature conservation, animal rights and law. She worked in the legal department at Friends of the Earth and as a solicitor at Leigh, Day & Co. in London, with a particular interest in environmental law multi-party actions. Joanna’s ESRC funded PhD was on the implementation of the Convention on Biological Diversity’s Aichi Targets in the UK following which she completed an ESRC/SENNS funded post doctoral fellowship at Sussex University also with a focus on implementation of international biodiversity law. She has close affiliations with the ‘Re-thinking Biodiversity Governance’ network, an international think tank for transformative biodiversity governance. Her recent book: Implementing International Environmental Law and Policy: An Interactive Approach To Environmental Regulation (Routledge, 2024) focuses on transformative governance, she has also written on transformative governance of food production and consumption, tropical forests, invasive alien species and nature conservation. Her recent interests are on implementing legal and policy frameworks for the Rights of Nature in Brazil, Ecuador, Colombia and UK, and the implementation of forest risk commodity legislation in Cote D’Ivoire. She is co-lead of the Environmental Justice Law Clinic where students under her supervision have undertaken: a comparative analysis of the Ecuadorian and Colombian rights of nature legal frameworks (2023); facilitated the Rights of the River Ouse workshop (2023), and are developing a Rights of Trees, Woodlands and Forests toolkit in collaboration with King’s College London and Lawyers For Nature. She has been awarded funding for her transdisciplinary work on the rights of the Andean bear in Ecuador which is ongoing. She is also pursuing rights of nature research in global biodiversity governance.
Can you tell us about your background and what inspired you to specialise in environmental law?
Perhaps optimistically, I became interested in how the law can be used for change, and to potentially overcome environmental problems during my first degree at Aberdeen University in Tropical Environmental Science where we were taught a little about environmental law. This interest in environmental law, led me to undertake a Masters in environmental law followed by a law conversion degree. As I studied I also gained invaluable experience of environmental law at Friends of the Earth where I worked as legal assistant to their barrister. I qualified to practise as a solicitor in a London law firm following which I took some time to raise my children. I am very happy now to both practice as an environmental lawyer through my work supervising students work on local environmental cases, and to teach and research environmental law at the University of Sussex Law School .
There have been developments in environmental law since my undergraduate degree, although we still face multiple environmental crises. Changing how societies function to live in harmony with nature is a huge challenge but we have seen exciting developments in environmental law such as the emergence of the Rights of Nature in other countries but there is also interest and some positive developments in the development of Rights of Nature in the UK. For example, Ireland are debating to include the Rights of Nature in their constitution and locally, the Lewes District Council passed a motion agreeing to the development of a Rights of the River Ouse Charter.
What motivated you to join ELF?
I have been a longstanding member of ELF which is renowned as the cutting edge charity working on local environmental law issues. It is so important to see how environmental law works in practice and ELF plays an essential role in offering free support to local people and communities to be informed on the law that is relevant to their lives and environments and to have a voice in decision making processes. I have seen how this can also provide nature and non-humans with a voice. In my early career ELF inspired me and showed me the wide range of issues environmental law can cover. Now, in my work as solicitor and co-lead of the ELF/University of Sussex Environmental Law Clinic, where I work alongside Dr Bonnie Holligan and Dr Chloe Anthony. I have the pleasure of supervising students advising on environmental law cases, which gives students a key opportunity to learn more about environmental law and develop essential skills for lawyering and to help plug gaps in access to environmental justice.
How has working with the Environmental Law Foundation influenced your career and professional development?
Working with ELF firstly inspired me by showing that a career in environmental law is possible. Now it is wonderful that I closely collaborate with ELF through the University of Sussex Environmental Law Clinic to hopefully push for decisions that properly accommodate the needs of our environment (challenging as this is!) and to inspire the next generation of environmental lawyers.
Can you share a memorable case or project you worked on through ELF that had a significant impact on the community or the environment?
There are so many that have inspired me! One of my favourite cases concerned toads. The University of Sussex Environmental Law Clinic was referred a case from ELF which concerned an inspirational group of women trying to protect migratory toads from being squashed on a local road during their bi-annual migration. The toads’ migratory routes are ancient and remarkably they have followed the same routes for centuries. Unfortunately these now incorporate treacherous road crossings. Despite significant opposition within the village to help the toads, we gave advice on temporary road closures to the clients and with their amazing determination and commitment to the toads, have managed to save hundreds if not thousands of lives. For me, the rights of individual animals are often overlooked in our society including in conservation, but with the now legal recognition of vertebrate animals as sentient beings in the EU and UK, looking at the potential suffering and particular needs of one species/animal is of growing importance and I would argue can provide a greater protection for the environment as a whole.
In your opinion, why should other legal professionals consider joining the Environmental Law Foundation, and what advice would you give to those who are interested in pursuing a career in environmental law?
Many legal professionals have an interest in our environment and are aware of the huge challenges faced by us and future generations due to human behaviours. Yet, it can be hard to forge a career in environmental law for one reason or another. ELF offers an opportunity for lawyers in all fields of practice to give back and offer pro bono advice, learn about relevant case law in this area or be inspired to bring the environment and a voice for nature into their work. After all, to address environmental problems, we need to mainstream the environment into those areas that can cause the most harm: planning laws, agricultural reform, businesses and corporations, to name just a few.
My advice to those seeking a career in environmental law is not to give up. We need environmental lawyers more than ever and there are definitely more openings than there used to be. Remembering that these opportunities may not be obvious and there is as much need to push for true change within areas such as business and corporate law, as there is in conservation. Join ELF! Speak to others in environmental law, research law firms that practise environmental law, and get some experience if you can. This will all stand you in good stead for your future careers. Good luck!