Josh Floum: The Legal Fight For Our Oceans
By Jessica Boswell
Jessica Boswell is a recent graduate of the University of California, Santa Barbara, and an intern with the International Marine Mammal Project. While pursuing her Bachelor’s degree in Environmental Studies, she co-founded the UCSB Environmental Law Club and worked as a research assistant studying community ecology on the Palmyra Atoll. With aspirations to attend law school in the near future, Jessica hopes to become a dedicated advocate for marine animals. Jessica prepared these questions and edited this discussion.
Josh Floum began his legal career in private practice, working in antitrust litigation after graduating from Harvard Law School. During this time, he represented high-profile clients such as Chase, Wells Fargo, and Levi Strauss & Co. Early in his career, he also became involved with Earth Island Institute, eventually joining the Board while serving as General Counsel for Visa. Since being appointed President of the Board in 2016, Josh has continued to champion Earth Island Institute’s efforts to expand protections for marine mammals.
Q: What brought you to Earth Island Institute?
When I was a fresh-out-of-law-school “baby” lawyer, my law firm was working on the litigation to stop the U.S. tuna fleet from drowning dolphins in their tuna nets. I started as the junior lawyer and after a couple of years became the lead lawyer on the cases.
Q: What experiences have played the most valuable role in shaping your career?
So many. I had great mentors and role models for being a trial lawyer. First and foremost, my Dad, Richard Floum. Also Bob Vizas and Larry Popofsky, senior partners at my law firm, and Tom Bauch, the General Counsel at Levi Strauss & Co.
Q: You spent many years practicing antitrust and intellectual property law. When/why did your interest in environmental litigation begin?
Well, my Dad loved the ocean and all of its inhabitants, and so did I. I always cared about the environment. I was lucky to be able to work in that field for Earth Island, while at the same time practicing business law.
Q: What excites you most about environmental law?
I can't think of anything more important than protecting our planet. And if I can help young people get excited about doing the same thing, then it is all worthwhile
Q: What is most challenging about environmental law?
Staying positive even as the environmental challenges grow more acute, and in the face of many who would promote short term economic gains over long term sustainability. It’s super important to keep fighting for the planet and its human, animal and biological inhabitants!
Q: What changes would you make to current environmental policy to strengthen protection for marine mammals?
For marine mammals and other forms of wildlife, putting the ecosystem with all its diversity and splendor ahead of profits, growth, quarter over quarter revenue, fear and greed. Making it easier, not harder, for legislators, litigants and interested people to take action to protect the magnificent creatures with whom we share the earth.
Q: As someone who worked in corporate law for a long time, what role do you think corporations should be playing in environmental protection?
Companies can and should be stewards of the environment. In our system, management and the board have fiduciary duties solely to their shareholders. But they should have similar duties to all of the stakeholders impacted by their business, including responsibility for what are called “externalities.” One big externality is the impact of any business on the environment.
Q: In your current position as President of the Earth Island Institute’s Board of Directors, what does your day-to-day work entail?
My work is to support the Board and management in accomplishing the strategic goals of Earth Island, including making sure we have the best possible CEO and management team and then doing everything we can to support their work and remove as many obstacles as possible.
Q: What advice would you give young professionals entering the environmental field?
First, enter the field! There is nothing more important or meaningful that you can do. Stay positive, don't give up, and keep on fighting for the planet!
Q: How do you envision the field of environmental law changing?
It is inevitable that climate change deniers and other anti-environmental cynics will fall by the wayside. They are on the wrong side of history! Then, legislators and judges will become bolder, just like federal Judge Thelton Henderson was so bold in protecting dolphins. The law will eventually recognize that our ecosystem, and the plants and animals within it, deserve the same protection as things like personal property, real estate, and corporate profits. The law is about equal justice for all stakeholders.
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The International Marine Mammal Project of Earth Island Institute has worked with Josh Floum and many other attorneys for decades, fighting to protect whales and dolphins from human-caused dangers these animals are exposed to: tuna nets, entangling fishing gear, harpoons, and slaughter. Such litigation and advocacy is not cheap, but it makes a huge difference. You can help whales and dolphins by donating to the work of IMMP. Thank you for your support!
