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From Risk to Resolution: Crafting Legal Strategies That Work for You

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What would you do?” It’s one of the most common questions clients ask their lawyer. While it may seem like a fair question, the answer might not be that helpful. Sure, a lawyer can tell you what they might do if they were in your shoes, but the better focus is on what you should do—based on your unique goals and risk tolerance. This post explores the conversation around risk that should take place between you and your lawyer and the role both parties play in developing effective legal strategies. While we offer examples from the environmental and natural resource space, these principles apply to any attorney-client relationship. Types of Risk: Financial, Litigation, Reputational, and More When engaging a lawyer for matters involving transactions, disputes, or policy development, you need to weigh several types of risk: Financial Risk – Will the resolution cost more than the reward? Can future costs be contained? Litigation Risk – What are the chances of winning or losing, and how doe...
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Decoding Government Instrumentalities in Maryland: Essential Partners in Environmental and Conservation Initiatives

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  In the world of public infrastructure, conservation, and restoration, governmental instrumentalities are like the mythical centaur. They are part government and part corporate entity, combining the strengths--and some challenges--of both. Just as the centaur straddles the line between human and horse, these entities blend the independence of a private business with the authority of a government body.  Some instrumentalities in Maryland are created directly by State law, like the Chesapeake Bay Trust, the Maryland Environmental Service and the Maryland Agricultural and Resource-Based Industry Development Corporation (MARBIDCO). Others, such as local water and sewer authorities and county resilience authorities, are authorized by State law but brought to life by local legislation. The unique hybrid nature of instrumentalities brings its own set of legal complexities, requiring careful navigation. Whether you’re part of one of these organizations or looking to partner with one,...
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Essential and Mission-Specific Policies for Nonprofits: A Guide for Environmental Organizations

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Operating a nonprofit organization involves navigating a complex web of legal, ethical, and operational challenges. Establishing and maintaining comprehensive policies is essential for ensuring compliance, fostering transparency, and promoting effective governance. While certain policies are fundamental for all nonprofits, environmental nonprofits have unique considerations that warrant additional attention. In this post, we will explore some of the essential policies that every nonprofit should have, as well as several that are particularly important for environmental nonprofits.  Essential Policies for Nonprofits Conflict of Interest Policy A conflict of interest policy is crucial for maintaining the integrity and credibility of a nonprofit. It outlines how to identify, disclose, and manage conflicts of interest among board members, staff, and volunteers. This policy ensures that decisions are made in the best interest of the organization rather th...
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Location: Annapolis, MD, USA
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Walking and Working in Nature: Legal and Practical Tips for Successful Outdoor Events

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As the (relative) warmth of spring embraces Maryland, local businesses, land trusts, community associations, and environmental nonprofits gear up for a season of outdoor activities. From stream and woodland walks to cleanups and stewardship visits, these events not only foster a sense of community but also contribute to the preservation and appreciation of our natural landscapes. Before embarking on such adventures, it's crucial to consider several factors to ensure a safe, lawful, and successful event. Adobe Stock Photo Legal and Physical Access Before planning any outdoor event, ensure legal access to the land where the activities will take place. Obtain necessary permits or permissions from relevant authorities or landowners, and be sure to carry them on your person while visiting the property. Verify if there are any restrictions or regulations regarding the activities you plan to conduct. Never enter posted property without express authorization of the owner and acknowledged, ...
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The Legal Audit: An Investment in the Future of Your Mission-Driven Environmental Enterprise

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Many small and growing businesses—even those working in heavily regulated areas like environmental restoration, conservation, and renewable energy—forgo the assistance of qualified legal counsel. At best, they might engage a lawyer for a specific task, contract review, or dispute. Non-profits often rely on volunteer lawyers and board members with legal backgrounds for these purposes. If you’re serious about ensuring legal compliance, managing risk, and landing opportunities in an evolving regulatory landscape, there’s a better way. And it starts with a legal audit. What is a Legal Audit? A legal audit, also known as a compliance audit or legal health check, is a systematic examination of an organization's legal standing, governance structures, and compliance with relevant laws and regulations. This comprehensive review is conducted by qualified legal professionals to identify any potential legal risks, compliance gaps, or areas for improvement within the organization's operatio...
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