Green Guide Profile: Arias

Nicaragua

The Nicaragua office of Central American full-service law firm Arias offers a practice focused on energy, project development, and ESG. A key contact is Rodrigo Ibarra, who provides particular expertise in the energy transition and environmental law. 

The firm has experience advising a wide array of clients on their green projects, including investment management firms, agribusinesses, and sustainability-focused non-profit organisations. The firm’s work for such types of client includes advising on legal mechanisms for the development of renewable energy projects, the financing of sustainable resource extraction, and the structure of innovatively financed reforestation projects. 

With Nicaragua’s recent establishment of a National Committee for the Mitigation of Greenhouse Gas Emissions and a National Climate Change Policy, the firm has been active in publishing legal updates on emerging implications for environmental law, energy, and compliance. Alongside thought leadership on these broad legal developments, the firm has recently published sector-specific updates concerning tax incentives for renewable energy projects, electric mobility, reforestation and forest conservation, and ozone and single-use plastic regulation. Following the vision that they must not just inform clients but also educate legal staff, the team is also trained on these topics.

To complement the firm’s active commitment to pro bono work, the staff volunteered for soil and water conservation works during World Environment Day, assisting the construction of dams at the Montibelli Private Wildlife Reserve in order to reduce the risk of flooding.

Comprised of an experienced team with both a legal and engineering background, Arias ESG team includes lawyers specialized in environment, health and safety, quality, and food safety. We also have knowledge in labor as an added value to the team in relation to occupational health and safety, two closely related areas that allow a more comprehensive approach to advice our clients.  

We also have lawyers specialized in human rights, which also allows us to provide a holistic perspective of the ESG factors to our clients, taking into consideration strategic and operative aspects, real problem solving and avoidance of green and social washing.  

Up to 35 years of experience combined at the service of our clients in the region, promoting sustainability as the road to business success and continuity. 

Roberto Cordero – Partner, Regional Head of sustainability / ESG

 

 

Dixania Azofeifa – Environmental Specialist

 

 

Mónica Espinoza – Associate, Arias Costa Rica, Human Rights Specialist

 

 

Carolina Lazo – Partner, Arias El Salvador, Head of Environmental Law Practice

 

 

Marianella Guidos – Partner, Arias Panamá, Head of Environmental Law Practice

 

 

Rodrigo Ibarra – Partner, Arias Nicaragua, Head of Environmental Law Practice

 

 

Rosa Maria Arenales – Partner, Arias Guatemala, Head of Environmental Law Practice

 

 

Maria Cristina Fábrega – Partner, Arias Panamá, Head of Environmental Law Practice

 

 

 

When global and domestic companies doing business in Central America need guidance on environmental legislation of specific projects and activities, they regularly turn to Arias for counsel. Our scope includes:

  • Environmental due diligence
  • Filing for licenses and permits
  • Supervision and review of environmental impact studies
  • Forest laws
  • Zoning and development restrictions
  • Water Law
  • Land and maritime zone regulations

Our firm provides comprehensive sustainability services:

  • Identification of legal requirements and elaboration of the compliance matrix
  • Environmental, Occupational Health, Quality and Safety Compliance Assessments
  • Environmental Litigation (Judicial and Administrative área)
  • Environmental Regency (Environmental Viability)
  • Environmental Performance, Health and Safety Audits (Performance Excellence)
  • Environmental and Social Due Diligence for mergers and acquisitions
  • Environmental crisis management
  • Training and advice on legal and voluntary sustainability issues
  • Analysis of implications of draft laws on the environment, health and safety
  • Environmental management systems and circular economy
  • Carbon Footprint and Carbon Neutrality
  • Sustainability strategies in the value chain (suppliers, customers, consumer)
  • Comprehensive waste management plan and advice on zero waste certifications
  • Water footprint and energy efficiency

Has your firm established a dedicated ESG/climate change/sustainability practice, team or task force?

Arias has a regional ESG experienced team both a legal and engineering background (environmental, forestry, hydrogeologist, chemical and others specialist) either as allied consultants or staff members. With over 50 years’ experience combined from all team members, and the triple bottom line perspective, that requires to tackle all Environmental, Social and Governance issues. Our Central American Region demands “hands on” approach, and as some clients point it out “lawyers with boots” ready to take the work in action in any site, field or area needed for achieve sustainable excellence.

What type of work do you handle in connection with “green change”?

The change that we provide at our ESG practice, goes deeper than compliance reports, including the develop of tools for sustainability performance evaluation, technical support for the implementation of environmental management systems and environmental footprint evaluation, including carried out internal audits for ISO standards as: ISO 14001, ISO 14064; ISO 14067; ISO 14046, and others as Zero Waste to Landfill. We take charge on environmental and social solutions than even the best intended regulations or governance, will not be able to handle the quick needs and changes of our client needs and the climate change challenge. That’s why our biggest asset is the resilience capacity to approach each case, every client, and all matters with the principle and ethical compromise to produce a final change, not only for clients’ needs but to compromise with a true green or planet focus and change.

Would you like to highlight a particular area of strength?

Our Strength comes with the team approach with each endeavour we have to face, with our clients, with new regulations or market requirements, but as well with the commitment, that ethical and sustainable principles are always first when it comes to developing a winning strategy, an environmental or safety audit, as well as any social related practice. We are also external audits from all major certifications from ISO14001 (environmental), 9001 (quality), FSSC22000 (food safety), 45001 (health and safety), to carbon foot print (14064), rainforest alliance, and others (Agricultural Compliance Manuals for Banana, Coffee and Pineapple).

Has your firm implemented any internal best practises?

We have an active Social and Environmental Responsibility Committee in each of our firms, and also we have a Regional Carbon Neutral Committee where we are focus on the measurement of our carbon footprint and in the short time the certification as a carbon neutral firm according with the new ISO standard. We had been developed environmental best practices on waste management, energy conservation, and social responsibility from several years back.

Has your firm joined any external ESG-related projects, networks or initiatives?

Yes, we provide direct support to all American Chamber Commerce Networks in the region, the Agricultural Chamber at Costa Rica; and we have promoted intense training for all of them on ESG issues. Also, we are leaders at the Costa Rican Bar Association Environmental Committee, for legislations review, and environmental training for all lawyers in Costa Rica. As part of our representation at the Agricultural Chamber we have the responsibility to review new water regulations from the Water Department at the Environmental Ministry´s office. In addition, we are active members of ESG ISO standards review committee in Costa Rica.

What are your firm’s ESG-related goals?

In Arias we have a sustainability strategy, consisting of 3 pillars: environment, end of poverty and diversity and inclusion. As part of this strategy, we are currently developing our carbon footprint inventory, looking forward to achieving carbon neutrality while also working in sensibilization efforts in environmental topics to all employees. In the diversity and inclusion area, we annually promote the use of inclusive language and develop sensibilization activities. Through a sustainability policy we commit to work in these initiatives and also to perform volunteer work and pro bono work, with clear goals every year.

Is your firm involved in any relevant pro bono work?

Arias provides pro bono services to several organizations, which must also be aligned to at least one of the pillars that sustain our sustainability strategy. We also have goals related to the hours involved in pro bono work, which involves all levels of the organization.

Some of the organizations we support include environmental associations, organizations that support homeless people in search for social re-insertion and organizations dedicated to improving education and development of children in social risk, among others.

Is your firm involved in any public outreach or client education?

Part of our initiatives include volunteer work. Every year, we open a space for employees to propose volunteering activities or pro bono organizations, that allow us to contribute in the 3 pillars of our company. Since we also have volunteering time goals, we have an annual agenda of different activities that include tree planting, education activities for people in the organizations we also support as pro bono (English classes, among others), fundraising activities for organizations, and others. In addition, we actively participate in seminars where we provide conferences associated with ESG topics.

Have there been any recent non-confidential stand-out matters that were particularly innovative, pioneering or complex?

Yes, we have managed to provide advice to several companies on water recycle inside their production plants, use of their biosolids sludge from their wastewater treatment plants for soil improvement (with developing a circular economy approach, promoting low energy use, and waste management principles). We are advising and British base company to developed and implement a cooperation agreement with the Costa Rican Ministry of Environment for a carbon and biodiversity bond investment in Costa Rica.

When did ESG, climate change and/or sustainability become an area of focus at your firm?

2022 was the start of a project that had been maturing in the planning book of several partners, and with the incorporation of our team, all objectives have been materialized.

What has driven your firm’s involvement in a green transition? (Client demand? Business case? Personal attitudes/beliefs/initiatives?)

Team members were the key for the green evolution and clients were ready and anxious to have ARIAS Regional Leadership, to shine through and follow wit exciting markets goals.

Do you have any strategic plans to expand your work or your initiatives in this area in the future?

Our 10-year plan is already been develop and for 2030 we expect to be among the leaders in all Latin American countries, we have already perform outstanding results in Central America, and we have our first South American clients, and next Mexico companies are already asking for our services.

Where do you see the future of ESG/sustainability in the legal community (both in terms of legal offerings and firms’ best practises)?

Climate change migrations are a must-see issue since it would create a domino effect in all ESG topics, from energy use to water capacity, land use, and social needs and disadvantages. There are some market-oriented topics, but if we as a legal community want to produce the change that’s needed, then we must review these issues before they collapse our regional economies and natural resources.