By Karl Hoerr -
U.S. environmental lawyer Robert Bilott says Australia can learn from the lengthy litigation he led against chemical companies in the United States, in responding to its own incidents of PFAS contamination.
Bilott was one of the keynote speakers on day one of the Law Society of NSW Annual Conference in Sydney. Day two of the conference included a broad range of speakers in sessions catering to streams for Government, In-House Corporate, Rural and Private Practice and Early Career Lawyers.
In his address, Bilott spoke about how he first learnt of the contamination and detailed what was uncovered through the litigation process, which has resulted in huge settlements.
The story was the subject of the 2019 film Dark Waters, in which Bilott is played by Mark Ruffalo.
PFAS is a group of chemicals, which together with other groups, have come to be known as forever chemicals, because of their inability to break down and their presence in the air, ground and water.
PFAS contamination caused by firefighting foam at Australian military bases has resulted in settlements and more recently, elevated levels of PFAS have been detected at a dam in the Blue Mountains.
Bilott has met with people concerned about the issue during his time in Australia and told the gathering, “I think people understand this is a significant issue.”
He said there’s been a new wave of litigation, because the chemicals have become airborne and fallen as rain, across the world.
“[W]e’re dealing with a massive public health threat,” he said.
Bilott said although the whole experience had been “totally surreal”, it happened because individuals had the courage to step up and the U.S. President has even talked about a “national PFAS problem.”
“The laws are changing,” said Bilott.
The other keynote speaker on day-one was Professor Arnold Dix, the lawyer, scientist and tunnel expert, who told the incredible story of how he helped rescue 41 trapped workers from a collapsed tunnel in India last year.
He spoke about the importance of clear messaging and respecting the area’s Hindu religious customs.
“I felt that I could do this but I needed people to believe it,” he said.
Dix spoke about the need for people to have a risk appetite and the possibility of even teaching what he called “enabling law”.
“I enabled my fellow professionals,” he said.
The conference also heard from panelists in a range of sessions, including one moderated by Law Society President Brett McGrath, titled ‘NSW: The Legal Capital of the Southern Hemisphere’.
Justice Dina Yehia told the session, the rule of law was so strong here, because of the independence of the judiciary.
“We have a relatively stable political system here in Australia,” she said.
Justice Yehia said when judges face “ill-conceived” criticism, the Attorney General used to speak out as an advocate.
“That’s happened less and less over the last few years,” she said.
Other day one panelists tackled AI and technology, media, access to justice, personality and branding.
Barrister and head of the Legal Strategies Hub at UTS, Professor Craig Longman spoke about the concept of ‘strategic lawyering’, which emerged in the U.S. as a way of centring clients and recognising their skills.
“You go from being an expert who is going to come in and take over, to being a collaborator,” he said.
On day two in the Government Solicitors stream, former Justice of the Supreme Court, The Honourable Geoffrey Bellew SC, delivered an address about the inner workings of the State Parole Authority, which he currently chairs.
And Australian Privacy Commissioner Carly Kind was among the panelists at a fascinating In-House Corporate Lawyers session on upcoming changes to privacy law and the implications of ‘powering up’ the laws in this area.
The In-House stream also heard from regulators APRA, ASIC and the ACCC, while panelists unpacked the ethics of AI and cyber risks, in a separate, well-received session.
