Turning Points--by Watershed Legal Counsel

The first cool mornings of September, the shift in the light, and the sound of school buses on the road all signal that fall is here. Trees start to turn, migratory birds gather, and gardens wind down. In nature, fall is a season of transition and preparation—and the same can be true for nonprofits. This year, social media has given that idea a new spin with something called “The Great Lock-In.” It’s a Gen Z trend about focusing hard from September through December—locking in on goals to finish the year strong. Environmental nonprofits don’t need TikTok accounts to participate. But the idea of a fall lock-in is right on point: dedicating time and energy now to shore up the policies, training, and practices that will sustain your mission through winter and into the next growing season. Here are a few things worth “locking in” this fall: 1. Review Your Core Policies Take a fresh look at the backbone documents that keep your organization strong: Bylaws – Do they reflect your current boar...

  If you’re feeling unsettled right now, you’re not alone. Across the country—and especially here in Maryland—people doing important work are staring down a moment of real uncertainty. Researchers counting on federal grants, local governments trying to balance their budgets, businesses navigating shifting regulations, nonprofits wondering if their funding is about to dry up. It’s a tough time to plan when so much seems up in the air. Recent events have only heightened the tension. A White House executive order temporarily freezing federal funds sent organizations scrambling, unsure if the money they’d been counting on would still come through. Maryland’s $3 billion budget deficit is already sparking debates about cuts and tax increases, with the impacts likely to ripple through state contracts and programs. And in the energy world, the explosion of AI-driven data centers has been driving major infrastructure decisions—until new research (most recently the release of DeepSeek) threw...

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...

  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,...

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...