Legal Communication in Environmental Policy Advocacy (www.kiu.ac.ug)

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Legal Communication in Environmental Policy
Advocacy
Kagaba Amina G.
Faculty of Business, Kampala International University, Uganda
ABSTRACT
This paper examines the critical role of legal communication in environmental policy advocacy,
examining its function as a conduit between legal discourse, public awareness, and policymaking. Legal
communication transcends courtroom dialogues, encompassing broader societal conversations on
environmental governance. As environmental challenges intensify, advocacy organizations increasingly
rely on strategic legal communication to influence policy, shape public opinion, and engage stakeholders.
The study investigates the frameworks, rhetorical tools, and ethical considerations involved in
environmental legal advocacy. It highlights how effective messaging, media engagement, public
participation, and the strategic use of litigation can shape environmental outcomes. Case studies,
including legal confrontations with U.S. federal agencies, illustrate how legal communication fosters civic
engagement and elevates environmental justice. Finally, the paper underscores the pivotal role of non-
governmental organizations in framing international and local environmental policies through legally
grounded advocacy. By synthesizing these insights, the paper offers a comprehensive overview of how
legal communication empowers democratic participation and advances sustainable development goals.
Keywords: Legal communication, environmental law, policy advocacy, public participation,
environmental justice, media strategy, legal frameworks, NGOs.
INTRODUCTION
Legal communication is an evolving area within communication studies, focusing on the processes, types,
and societal roles of communication in the legal context. Despite various models, defining it remains
challenging. Primarily, legal communication pertains to interactions within the legal system and
communications outside of it concerning legal matters. It encompasses discourse on laws, legal
institutions, and the legal system across different public spheres. It includes discussions on how these
elements affect government and society. Scholars, particularly political scientists, have historically
examined the structure and impact of law, the courts, and legislation within governmental processes.
Legal communication is crucial as it intersects with studies on the law and its societal implications.
Furthermore, for communication to qualify as legal communication, it must occur across diverse public
environments. Worldwide, public opinion polls, insightful editorials, investigative journalism, and
political dialogues have fostered civil society's role, allowing for a degree of political engagement not
found in formal systems. Legal frameworks significantly influence political outcomes by encouraging
public discourse, participation, and advocacy [1, 2].
Understanding Environmental Policy
Navigating sustainability and development, policy engagement on environmental issues is vital for
advocacy organizations. These decisions stem from years of strategy, learning, and resource investment.
Engaging in policy ensures decision makers are informed about the evidence and considerations of an
issue, while thoroughly considering possible consequences and stakeholder interests. By providing
evidence and analysis, advocacy groups aim to "get the facts right" and prevent poor decisions. Key
principles include emphasizing existing decision-making processes, incentivizing climate-conscious
decisions, maintaining political neutrality, and partnering with decision makers. Funding often comes
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from multi-issue or foundation sources, primarily for capacity-building that encourages political
engagement. Engagement typically seeks to avert poor outcomes rather than directly advocating for
policies. Many organizations focus on developing sound policy and ensuring specific individuals maintain
influence with decision-makers. Evaluating whether internal understandings of issues are effectively
communicated is crucial, as recognizing threats to good decisions post-factum is too late. Political change
is a gradual process; effective decisions require years of evidence and strategic environmental
management. Advocacy groups strive to enhance their capacity to evaluate the impacts of change or lack
thereof, using a variety of evidence bases to create responses to these scenarios [3, 4].
The Role of Advocacy in Environmental Law
Environmental harm is a major concern for the public and state governments today. Environmental
organizations use advocacy to counteract environmental oppression. This approach, often based on a
judicial model, aims to argue for or shape beliefs towards particular policies. Advocacy is a primary focus
for many groups due to the perceived need for stronger environmental protection and public welfare. It
involves actions to influence the decisions of others, such as lobbying, writing letters to editors, or
organizing petitions. It also encompasses less direct activities like report writing, social media outreach,
and local organization engagement. Advocacy is performed by civil society and NGOs both directly and
indirectly. When communicating with the public about decision-makers, advocacy can target specific
officials. Environmental organizations seek to merge legal elements with narrative-driven rhetorical
analysis. Although the public lacks legal expertise, they are knowledgeable about environmental issues,
necessitating organizations to bridge this gap. Understanding metaphor in legal discourse can aid in
public interpretation and highlight the need for a broader understanding of legal communication [5, 6].
Key Legal Frameworks in Environmental Policy
Environmental problems arise from civilization's development. Recognizing the need for rules governing
human actions that affect the earth, air, water, flora, fauna, and climate is essential for modern legal
systems. Despite numerous environmental laws, questions about their coherence and common core
persist. Unlike well-defined fields like tax or criminal law, environmental law lacks a widely accepted
concept due to its varied regulations and principles. This absence hinders discussions among legal
professionals about common issues and understanding of the field as a whole. Environmental law
encompasses complex intellectual terrain but fails to establish a unified framework for articulating its
doctrine. My proposed framework identifies two primary characteristics of environmental issues: physical
public resources and their pervasive interrelatedness. Physical public resources lead to three defining
conditions for conflicts regarding these resources: multiplicity of uses, ownership definitions that
characterize these resources as public, and collective management interests that form part of
environmental law-making. However, the diverse uses of these resources and their interconnectedness
create persistent and challenging conflicts. These use conflicts highlight the policy trade-offs that shape
environmental law-making [7, 8].
Strategies For Effective Legal Communication
Legal communication is crucial for developing timely environmental policies. Effective communication
strategies are essential for delivering legal arguments that advocate for environmental protections.
Advocacy attorneys can frame legal arguments to highlight the significance of proposed rules, moving
beyond mere legal interpretations. Targeted questioning can emphasize the consequences of agency
decisions, clarifying the need for protections and addressing how modifications to existing regulations
align with statutory directives. Additionally, focusing communication on the values or goals behind legal
arguments can motivate agency leadership to reaffirm environmental protection mandates, promote
environmental justice, or focus on climate change impacts. These strategies can challenge opposing views
that frame protections as overreaches or burdens, and they can be tailored for various policy levels while
considering legal constraints. Environmental advocates play a vital role even without formal rulemaking
authority, and courts support vigorous advocacy as essential for participatory governance. It is beneficial
for agencies to consider advocates’ positions in their deliberations to ensure a comprehensive record when
opting to disregard specific perspectives [9, 10].
Case Studies in Environmental Advocacy
In 2017, the U.S. Environmental Protection Agency (EPA) proposed amendments affecting local air
regulations tied to auto and truck manufacturing, facing legal challenges from New York, California, and
other states. These states argued in the U.S. District Court for D.C. that the amendments were arbitrary

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and illegal for two main reasons: they claimed the EPA had to strictly follow laws regarding state
implementation plans, which had not been met, and that the withdrawal of climate benefits, worth $16
billion, was irrational. During the litigation, both sides debated policies for socio-economic benefit
redistribution and the transparency of co-benefits monetization. The EPA acknowledged the states'
claims but declined to vacate the amendments, citing impracticality in reinstating previous conditions. In
March 2019, the U.S. Department of Energy (DOE) amended energy conservation standards for general
service lamps, a decision met with opposition from several states, including New Jersey and California,
who argued the DOE's actions were arbitrary and legally unsound. The petitioners contended that the
rejection of the amendment constituted rulemaking and was not arbitrary. Conversely, the DOE defended
its stance, stating that the outcome of emphasizing the final rules was irrational and highlighted that its
commitment to thoroughly consider test procedures was unworkable [11, 12].
The Impact of Media on Environmental Advocacy
Almost any action taken by environmental advocates is likely to require some communication with the
media. Media coverage can make or break an advocacy effort. Therefore, advocacy strategies should
include evaluations of the media landscape in the issue at hand, and strategies tailored to the media. In
addition to when and where, it is also important to evaluate the people involved in the media landscape.
Not only who are influential journalists, but also how are the stories likely to be framed? Environmental
advocates can do research and find out: which outlets use which frames, and whether they are sympathetic
to their framing and cause? It is also crucial to identify journalists who are likely to be sympathetic and
trustworthy. When the “squeaky wheel” gets coverage, it is often the public finding out about “bad
apples” and shaming them into compliance through media stories. Therefore, environmental advocates
can be proactive in getting stories told that highlight best practices in allowing the public and media to
infiltrate spaces where people expect to be safe, for instance, Academy Award-nominated films about
fracking, or thalidomide, or February’s exposé of China’s pollution. The media can effectively highlight
the importance of an issue, but they are also incredibly conservative. It is therefore helpful for the media
to illustrate the importance of an issue with the best representations available. These may be proposed
changes of conduct, policy, or law, or they could be personified representations, like the visual
representation of cars concerning parking policies. Thoughtful design of images is therefore, extremely
important, even if they require some investment. It may be worth finding inexpensive ways to employ
credible professionals, or even ask them to be involved with preparation of graphics, before handing off
the design and control to someone less experienced. Since environmental advocacy often has a
complicated storyline erupting from a tendency for evolution over time, preparation of lawn signs and
posters may be required prior to any actual resolutions, laws, or designated control authorities [13, 14].
Public Participation in Environmental Decision-Making
In the 1970s, American administrative law entered a notable phase, with environmental issues gaining
prominence and leading to the development of environmental law. Initial optimism faded into a sense of
defeat over the years. Today, environmental protection remains a pressing public policy challenge, raising
foundational legal questions from both domestic and global viewpoints. The Environmental Impact
Statement (EIS) emerged as a key element of environmental law. However, decades later, many
government actions proceed without an EIS. In 1988, only 3 to 5 percent of U.S. construction projects
required compliance with the National Environmental Policy Act (NEPA), which included public
comment on environmental impacts. Public perception of participation is mixed; it appears to provide
influence in decision-making, yet the reality often undermines this belief. Before NEPA, legal challenges
were rare, rendering pre-decision public engagement largely ineffective. While agencies must consider
public input significantly, decisions often proceed despite comprehensive criticism and impacts. Instances
where stricter legal standards lead to different outcomes are uncommon. A key goal of NEPA's public
participation is to enhance deliberative decision-making [15, 16].
Ethical Considerations in Legal Communication
Legal communication often follows strict professional conduct standards that can vary by jurisdiction. In
the U.S., the American Bar Association's Model Rules serve as a guideline. Environmental advocates in
legal contexts should refrain from making false claims and clarify who funds their communication while
treating courts with respect. However, they may feel pressured by audiences expecting aggressive
rhetoric, similar to criticisms faced by an outdoor journalist perpetuating myths about Northern
California lumberjacks. An example is California regulations intended to reduce greenhouse gas emissions

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from the transportation sector. These regulations, which could eliminate a million gasoline cars, faced
backlash from public advocates when proposed by a corporate lawyer. Over-the-top rhetoric can alienate
audiences, particularly in discussions about pressing issues like asthma-related air pollution from diesel
trucks. Environmental advocates can also shape discourse; thus, their communications must be impactful.
Poor messaging breeds hostility, complicating future negotiations. Outside of courtroom settings,
influencing policy can seem futile. While logic should appeal to all interests, understanding values and
improving policies is crucial, and sometimes simplistically appealing strategies, as seen in the steel
industry, miss the mark [17, 18].
The Role of Non-Governmental Organizations (NGOS)
Non-governmental organizations (NGOs) are crucial in environmental policy advocacy. The
environmental NGO community encompasses scientists, activists, and concerned citizens who often feel
powerless against government and industry. Some groups monitor corporate and governmental activities,
while others lobby for change. They participate in public hearings and industry planning sessions,
pushing for influence at all levels. On an international scale, NGOs, intergovernmental organizations
(IGOs), and governments collaborate to address shared interests, enabling central authorities to enact
international law. Environmental NGOs are recognized as tough negotiators, representing transnational
interests more effectively than governments. Representatives from marginalized states often engage
deeply with NGOs, enhancing their involvement in negotiations. NGOs provide valuable guidance in
international forums, supported by parallels to national bureaucracies. In the Great Lakes negotiations,
Canadian and U.S. NGOs played key roles in public outreach and technical reviews, facilitating
cooperation through established frameworks. Different NGOs faced unique challenges in implementing
agreements, with some aiming for cooperative regional management on an international scale. Their
technical expertise and political acumen positioned environmental NGOs as credible negotiators,
allowing international regulations to be utilized locally, thus broadening decision-making and integrating
various governmental entities [19, 20].
Technology and Environmental Advocacy
A growing number of environmental organizations use electronic tools to increase public awareness and
mobilize grassroots support for policy-making on Capitol Hill and state legislatures. The Internet offers a
cost-effective means for people to engage with their passions. E-mail is an essential medium for
disseminating information, petitions, and advocacy. E-mail campaigns allow advocacy groups to send
identical messages, or "form letters," to policymakers, leading to thousands of similar letters in one day.
Known as mass e-mail campaigns, these initiatives have roots in early electronic networks and are now
often used to support legislation on health, civil rights, and environmental issues. They are viewed as
effective in activating constituents in state politics, though research is limited on their impact. The sheer
volume of e-mails may indicate campaign effectiveness better than individual message content. Public
mobilization can bypass administrative processes, with grassroots groups acting independently from
national organizations. The American environmental movement originated in grassroots activism, and
this legacy continues to inspire local efforts. While contemporary movements feature national
organizations and celebrity spokespersons, they often maintain a diverse and layered approach. Electronic
advocacy is likely changing public discussions in federal rulemaking, with environmental activism
remaining rich and varied, encompassing both national and local organizing efforts [21, 22].
Challenges In Legal Communication for Environmental Policy
Legal communication is essential for effective advocacy in environmental policy, requiring organizations
to develop a credible communication style targeting specific audiences. This poses challenges for many
environmental groups, particularly those that are traditional or elite, as they must adapt to rapid changes
in environmental threats and communication dynamics. The pressing need for effective communication
was highlighted during the Earth Summit, where experts gathered to address the issues surrounding
'Communicating the Environment.' Despite the elite nature of these discussions, wider dissemination of
insights on effective communication strategies was deemed crucial, prompting calls for partnerships
among various stakeholders including public interest organizations, trade unions, scientific institutions,
and the media. Climate litigation has emerged as a key avenue for addressing climate change worldwide,
necessitating the mobilization of resources and public support. However, the aspects of climate litigation
remain underexplored, particularly in developing countries like Indonesia, where it is on the rise. This
paper examines how various actors contribute to climate litigation discourse in Indonesia, drawing on

66
framing theory and focusing on six significant cases. The findings indicate that civil society
organizations, academia, and the media frame climate litigation through three main discourses: public
awareness, social mobilization support, and political pressure. These discourses involve varied framing
strategies and engage diverse networks of actors targeting different audiences, all relevant to climate
action in Indonesia. Moving beyond traditional views of environmental communication, eco-feminist
perspectives, and the inclusion of local communities as valid knowledge holders offer alternative lenses for
analyzing communication within legally challenging contexts. Given the increasing concern for
environmental issues in the legal field, further exploration of discursive research benefits for legal
communication is needed [23, 24].
Future Trends in Environmental Policy Advocacy
By 2030, environmental policy advocacy may undergo significant changes that benefit advocacy
organizations. Emerging smart technologies could integrate advocacy into a participatory landscape,
where users' devices gather information and suggest policy changes. Alongside preference aggregation,
machine learning could identify patterns in information flow, helping individuals create impactful
narratives from their data. This approach may yield a wealth of personal stories relevant to
environmental choices, which, if framed appropriately, can draw significant public attention to
environmental issues. Additionally, enhanced computational resources may allow advocacy to be
increasingly personalized, similar to public relations efforts that pinpoint optimal data sources and
inquiries to understand preferences and emotions, enhancing influence. Public opinion is vital, shaping the
political agenda and legislative outcomes. Public preferences can highlight areas amenable to advocacy
and signal policy options likely excluded from political discourse. When the system is receptive, tools like
social networks and media analysis can effectively frame messages and harness individual experiences to
raise awareness and concern for environmental challenges [25, 26, 27].
CONCLUSION
Legal communication plays an indispensable role in environmental policy advocacy by translating
complex legal concepts into accessible discourse that empowers public participation and policy reform. As
environmental threats become increasingly urgent, the ability to strategically communicate legal
positions becomes essential for advocacy organizations, NGOs, and civil society. The intersection of legal
rhetoric, media influence, ethical standards, and participatory governance enables more democratic,
evidence-based environmental decision-making. Legal advocacy not only holds institutions accountable
but also mobilizes collective action, ensuring that environmental laws reflect public interest and
ecological sustainability. The evolution of legal communication, when embedded within inclusive,
transparent, and ethical frameworks, holds the potential to transform environmental governance, making
it more responsive, just, and effective.
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CITE AS: Kagaba Amina G. (2025). Legal Communication in Environmental Policy Advocacy.
IAA JOURNAL OF COMMUNICATION 11(1):62-68.
https://doi.org/10.59298/IAAJC/2025/1116268

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