The Journal —

What Every Board and Auditor Should Know About Environmental Risk and Potential Liability

By

Michelle

8

Min Read

Environmental risk is no longer solely an operational issue. Increasingly, it is becoming a governance, financial and strategic issue. Boards are expected to oversee environmental performance, sustainability commitments, climate risks, compliance obligations and organisational resilience.

At the same time, financial auditors, investors and stakeholders are placing greater scrutiny on how environmental risks may influence organisational performance, liabilities and future value. Yet many directors and auditors do not come from environmental backgrounds and may not fully understand where an organisation’s greatest environmental exposures exist.

The challenge is that environmental risks are often invisible until something goes wrong.

Examples include:

• Contamination events
• Pollution incidents
• Environmental liabilities
• Regulatory prosecutions
• Licence breaches
• Climate-related disruptions

These issues can quickly become financial, operational and reputational challenges.

The question boards and auditors should be asking is not whether environmental risks exist - but whether the organisation understands them, manages them and can demonstrate appropriate oversight.


You Cannot Manage Risks You Do Not Understand

Most organisations have mature processes for identifying financial, legal and operational risks.

Environmental risk is often less visible.

Unlike financial performance or health and safety risks, environmental risks do not always appear in monthly management reports or receive regular Board-level attention.

However, environmental risks can have significant consequences including:

• Regulatory action and enforcement
• Fines and penalties
• Environmental remediation costs
• Asset impairment
• Legal liabilities
• Business interruption
• Insurance impacts
• Loss of social licence and reputation
• Reduced access to funding and investment

In some cases, the financial consequences of an environmental incident can exceed the cost of preventing it many times over. This is why environmental risk should be treated as a business risk - not simply an environmental issue.

Every environmental risk has the potential to create financial consequences if realised.


Environmental Risk Extends Beyond Compliance

One of the most common misconceptions is that environmental risk is synonymous with compliance.

Compliance matters - but it represents only one part of the picture.

An organisation may be fully compliant today and still face significant environmental risks tomorrow.

Examples include:

• Contaminated land liabilities
• Legacy environmental obligations
• Wastewater treatment failures
• Water supply contamination events
• Product quality impacts
• Environmental pollution incidents
• Climate-related impacts
• Water scarcity and security risks
• Biodiversity impacts
• Supply chain vulnerabilities
• Emerging regulatory requirements

Hence, the role of governance is not simply to determine whether an organisation is compliant but to understand whether environmental risks are being identified, assessed, managed and monitored appropriately.


Why Financial Auditors Should Be Asking Questions

Historically, environmental matters often sat outside traditional financial audit processes.

That is changing.

Environmental incidents, contaminated land especially from Forever Chemicals such as PFAS, remediation obligations, licence conditions, climate risks and environmental liabilities can all carry financial implications relevant to organisational performance, asset values and future obligations.

Yet many Audit & Risk Committees still lack visibility of where environmental liabilities exist and whether controls remain effective. Independent environmental risk reviews can provide assurance that key risks, obligations and liabilities have been identified, assessed and appropriately managed.

For financial auditors, an important question is:

Could an environmental issue materially impact the organisation?

Examples may include:

• Asset impairment risks
• Future remediation costs
• Contaminated land obligations
• Closure and rehabilitation liabilities
• Compliance-related expenditures
• Litigation and legal exposures

In many organisations, environmental risks may exist without being fully understood or adequately documented. This is why Environmental Risk Assessments, Environmental Due Diligence and Governance reviews provide valuable insight for both Boards and Financial auditors.

Sometimes the greatest environmental liability is not the issue itself.

It is not knowing the issue exists until it becomes a financial, regulatory or reputational problem.

Questions Every Board Should Be Asking

Directors do not need to be environmental experts. However, they do need confidence that environmental risks are being appropriately managed.

Questions worth asking include:

• What are our most significant environmental risks?
• How are those risks identified and assessed?
• Do we understand our environmental liabilities and obligations?
• Could environmental risks create financial exposure?
• Are environmental risks regularly reported to the Board?
• Do we have appropriate monitoring and assurance processes?
• Are our governance arrangements fit for purpose?
• How would we respond to a significant environmental incident?
• Do we have the right expertise available to support decision-making?
• When was the last independent review of our environmental risks?

These questions often reveal whether environmental risk management is proactive or reactive.


Environmental Governance Creates Organisational Resilience

Strong governance is not about avoiding risk entirely.

Every organisation faces risk.

The objective is to understand those risks, make informed decisions and ensure appropriate controls are in place.

Throughout my career, I have worked with organisations across water utilities, government, public health, environmental management and sustainability. One consistent observation is that organisations managing risk most effectively are not necessarily those with the fewest challenges.

They are the organisations that:

• Understand their risks
• Have strong governance frameworks
• Regularly review whether controls remain effective


The Cost of Waiting Until Something Goes Wrong

Environmental risks rarely appear without warning. More often, warning signs exist but are overlooked, misunderstood or not escalated appropriately. By the time an issue reaches the Boardroom, the cost of managing it may be significantly greater than the cost of prevention.

Understanding environmental risks before they become environmental incidents gives organisations:

• More options
• Greater resilience
• Stronger governance

Ultimately, Boards and auditors do not need to understand every technical detail of environmental management. They do need confidence that environmental risks, obligations and liabilities are understood, appropriately governed and regularly reviewed.

The organisations best positioned for the future are not necessarily those with the fewest environmental risks. They are the organisations that understand those risks, make informed decisions and ensure appropriate controls are in place before issues become liabilities.

That is why environmental due diligence should not be seen as a once-off exercise but as an essential part of responsible governance, risk management and long term business resilience.

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