Media Tips for Environmental Lawyers

Frank M. Corrado

Frank M. Corrado is President of Communications for Management, Inc., International, a Chicago consulting and training firm. From 1969 to 1979 he was Region V Director of Public Affairs for the Environmental Protection Agency. His work at EPA earned him the Agency's Gold Medal for Exceptional Service. Mr. Corrado has also worked in news operations for CBS and NBC affiliates in Baltimore and South Bend, Indiana, and has managed combat press support operations in Vietnam. He is author of Media for Managers (Prentice-Hall 1984).

[20 ELR 10425]

Environmental news, like most news today, is enmeshed in the scare-of-the-week syndrome: "If it bleeds, it leads."¹ Reporters, seeking facts instead of truths, usually leave little room for in-depth coverage of scientific or environmental issues. At the same time, environmental stories have grown to be among the stories most widely reported on.²

As an environmental attorney, chances are that sometime during your career you will be involved with the media — in print, on radio, or before a camera. Watching how pollution enforcement has developed over the last two decades has convinced me that environmental attorneys would benefit by learning a few important communication techniques.

When I joined the Federal Water Pollution Control Administration in 1969 as Great Lakes Public Affairs Director, Murray Stein was FWPCA's national enforcement director and James O. McDonald was his Chicago counterpart. I learned several lessons from these two attorneys about dealing with the media concerning environmental issues, which I share as a trainer, even today. Among them are (1) to focus communication with the public on the endgame — pollution cleanup; (2) to use specific targets to send a message to the broader group; and (3) to use public exposure as a "stick" to ensure agreement and compliance.³

In this Dialogue, I explain why dealing with the media in the 1990s will be more difficult than it has been. I also suggest techniques and strategies to use in typical media encounters, and point out media traps to avoid.

Media in the 1990s

In dealing with the media, there are three broad media strategies that an environmental attorney might adopt: to do nothing, to react only when something happens, or to be proactive. The first and second options are often seen as conservative strategies, but today they could be risky. If your organization has bad news, seizing and releasing it before the media shapes the story often allows you to control how the story is "played."⁴ But even with such proactive efforts, dealing with the media in the 1990s will be difficult for the reasons discussed below.

Multiple Channels to the Public

Audiences are becoming more and more fragmented; there is no longer a general "public." Even in local communities, there are residents, influentials, community activists, and regulated entities. And for each audience, there are different media: for example, major television networks for mass audiences; regional newspapers for local audiences, and trade magazines or journals such as the Environmental Law Reporter for targeted audiences.

Real Time Communications

The world is wired for communications like never before, and with it our conceptions of time and space are being redefined. Now, the entire world immediately knows about an event as soon as (if not while) it happens. And since bad news travels as fast as good news, companies and organizations must plan how to handle the media in difficult situations. They no longer have time to conceal the impact of their actions.

Dominance of Television News

Statistics show that newspapers reach people over age 45, while younger people tend to watch television.⁵ These media cover news differently. Newspapers tend to present a "world view" of events, stressing an information approach. In reporting on new federal water pollution regulations, for example, a newspaper would report the facts as presented by agencies, officials, and experts. Television, on the other hand, focuses on individual "stories" to convey information.⁶ One problem with television news is the diminishing attention span of viewers,⁷ which has resulted in issues and ideas being reduced to a few key phrases and symbols.

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Perceptions

Public relations officials and lawyers have long butted heads in deciding what or how much to communicate to the public. Public relations specialists, often more worried about how a story will play than with the facts, complain that lawyers circle the wagons when something goes wrong and say nothing — a strategy, they argue, that costs the organization more in the long run. Exxon's reluctance to communicate an empathetic image in the wake of the Valdez accident and Johnson & Johnson's upfront and candid communications in the Tylenol scare are cited as examples of how, and how not, to communicate with the public. In such situations, people are interested in hearing an organization convey "We're sorry," "We're taking action," "Here's what you need to do," in sum: "We care."⁸ In the 1990s, candor and empathy will count more than ever.

Typical Media Encounters

There are several channels through which you can reach the media: telephone calls, interviews, news conferences, informal briefings, news releases, and query letters. Each is discussed below.

Telephone Calls

Ninety percent of your interactions with the media are likely to be by telephone. Telephone calls are used, for example, when a reporter calls to ask you for information, to confirm information, or for a quote on how something affects your organization.

Interviews

In these encounters, a reporter asks to interview you — in person or on camera — for a story he is working on. If you decide to give the interview, the safest forum is live television or radio because the interview will be conducted in real time and the chances of your remarks being edited or misinterpreted are few.

News Conferences

In these encounters, all news media that cover your organization attend. A statement of about one minute or less is prepared and read by your organization's spokesperson. A news release, fact sheet, and visuals, if necessary, are also made available. By convention, news conferences normally do not run more than one-half hour.

Informal Briefings

These encounters can be conducted for individuals or groups and may be in person or by phone. The purpose of the briefing is to explain or to clarify certain points. Unless other ground rules are established, briefings should always be considered "on the record." They are a good strategic approach to improving media relations and increasing the chances that when something happens, reporters will remember to call you for a comment.

News Releases

News releases are announcements written by your organization (or its representatives) and distributed to the media. Releases that are mailed should be used only for nonmajor news stories. Phoning or faxing a release or placing it on a wire service is necessary for major events, because releases that are mailed are often overlooked or misplaced.

Query Letters

In a query letter, you suggest an idea to the media outlet and use your organization to demonstrate it. If you want coverage on your newly expanded environmental practice, for instance, you could send a letter that discusses how the number of environmental attorneys is swelling nationwide and how your firm is an example of that trend.

Doing Interviews

This section discusses tips that apply to all types of interviews — by telephone, in person, on radio, and before a camera — and media traps to avoid while doing an interview. It also offers tips that apply specifically to television and radio interviews.

General Interview Techniques and Tactics

Prepare thoroughly. Know your subject. Figure out which questions are most likely to be asked and know the key points you want to make. You should have both a strategic statement that explains your organization's mission and tactical points concerning your subject.

Speak to be understood. Answer questions in complete, easy-to-understand sentences, without using jargon. Speak to the audience's interests. Use colorful language; reporters like it and it keeps your meaning intact. Use similes and metaphors. Also, identify what you say as either fact or opinion. A recent Supreme Court decision held that expression of opinion can be libelous.⁹

Be positive. If a reporter asks, "Why haven't you corrected this problem?" do not answer, "We haven't corrected this problem because. . . ." A better response is "We have been moving as quickly as possible to obtain the necessary permits. . . ." Make as many positive points as you can.

Tell the truth. An organization is only as believable as the people who represent it. Once caught in a lie, it is difficult to regain credibility, and years of positive image building can be destroyed. Do not speculate or guess an answer. If you do not know, say so. Then commit to getting the information as quickly as possible. [20 ELR 10427]

Stay "on the record." Do not go off the record with reporters unless they have as much to lose as you do if the agreement is violated.

Avoid playing favorites among reporters. Giving one reporter a "scoop" can sometimes make enemies of many others.

Use a "devil's advocate." Practice with someone who can play the role of the reporter. Have him ask the toughest questions and then work together to formulate answers. Also, practice making your points.

Traps to Avoid

During an interview, the following are examples of traps for the unwary and possible solutions to avoid being snared.

The Set-up. "Considering the low regard people have for your industry's efforts to clean up the environment, how do you, as a major industry spokesperson, expect them to believe that your company is environmentally conscious?"

Solution: Politely interrupt the interviewer before he finishes the question and challenge his premise. Or, wait until he has asked the question and then knock down the premise: "Yes, it is true that some people do not think much of our industry, but, in fact, our company has decided to take the lead in reversing that image."

The Empty Chair. "Ralph Nader has said that your product is a health hazard and should be recalled immediately." Or, "Congressman X says your industry is notorious for price fixing."

Solution: You simply respond, "I have not heard those remarks." Or, "I cannot believe that the congressman said that, but I believe that the facts show otherwise." Do not attack an opponent who is not present.

The "What If" Question. "What if the water becomes contaminated?"

Solution: Move to your main point. "I think such a question is pure speculation. Nevertheless, we are continuing to monitor the situation and will take action if andwhen a problem arises."

The Inconsistency. "Your firm has issued a press release indicating that it would not leave this community and move to another state." Or, "You previously stated that there were absolutely no health problems associated with your new drug."

Solution: Explain clearly the reason for the change, whether it was due to a change in policy or in circumstances. For example, "Our intentions have always been to maintain a plant in this community. However, the difficult economic conditions and the flood of competing imports have forced us to consolidate our operations."

The "No Comment" Response. "Are you going to file civil or criminal charges against this discharger?"

Solution: Never answer, "No comment." It arouses suspicion. If you cannot talk substantively, talk about policy, procedures, or processes — but never state specifics. For example, "We have a field investigator looking into this situation. A recommendation will be made to our regional counsel within the next 10 days. At that point, we will decide what action to take."

Television Interviews

Television interviews involve the following special considerations.

If possible, do your interview against a "visual" background. Pictures count on television, so this is important. A famous example of this technique is the graphics used by Lee Iaccoca in apologizing to the public on television for odometer tampering by some Chrysler employees. The chart simply stated that (1) tampering with odometers is wrong; (2) some Chrysler people have tampered with odometers; and (3) we won't do it again. A simple but effective visual background.

Be brief, focused, and enthusiastic. A 30-second television news interview is considered lengthy, but it hardly leaves time for in-depth explanations. Open the interview with a brief summary of your key point, and express your point of view enthusiastically.

Never assume the recorder is turned off. Anytime a camera is near, consider yourself "on stage" and act and speak accordingly.

Look at the reporter, but talk to the audience. Do not look at the camera, but rather speak to and look directly at the reporter. And remember to address your remarks with the viewer in mind.

Dress conservatively. Blue or gray suits are good choices. Avoid shiny jewelry or loud-patterned clothing. Tinted lens eyeglasses help to cut lighting glare.

Know the program. Watch a few broadcasts of the program or newscast before your interview. Observe the style of the interviewers, anchors, and reporters, and get a sense for how much time those being interviewed are allotted to respond to questions and to support their answers. Remember, the safest media encounter is live television or radio.

Relax. Although you are not a television professional and might have butterflies and sweaty palms, remember that you have something newsworthy to say.

Radio Interviews

Interviews on radio are easier than interviews on television. There are no lights or cameras. And in radio talk shows, there is more time to make your points. The following tips apply to radio interviews.

Work from notecards. Have facts and examples on notecards that you can quickly flip to when making your points.

Know your audience. Who is listening (e.g., male, female, young, old, educated, low income)? Tailor your remarks to their interests and concerns.

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Be conversational and brief. You may also want to repeat or rephrase a question, especially if it comes from a listener over an "open" telephone line.

Assume you are always "on the air." When you enter the studio or take the phone call from the radio station, assume anything you say is being broadcast.

Specific Media Problems

Handling Misquotes. When the media misquoates you, writing a letter to the editor or demanding an editorial retraction does not usually receive much attention. The best strategy is to call the reporter's editor and complain — but be specific. This will not erase your misquote, but it might prevent others from being made. The following five techniques can help you prevent being misquoted in the first place:

1. Use a written statement.

2. Take your time answering questions.

3. Stick to the facts; do not ramble.

4. If you do not know an answer, say so.

5. Assume everything you say will be quoted.

Discussing Technical Issues. Scientific and technical discourse requires establishing a premise, presenting arguments, and reaching a qualified conclusion. But since reporters usually want the conclusion first (i.e., before or without the facts that support it), significant conflicts occur when technical experts try to communicate research findings or technical information to the media. They can only hope the reporter waits for the explanation that supports the bottom line. While not easy to do, the best approach is to study how news stories read and to try to adapt to that style.

Conclusion

Dealing with the media may be difficult, but it is not mysterious. By practicing and using the techniques described in this Dialogue, you may be in a better position to control how "your" news is played.

1. Speech by Sharon Begley, science writer for Newsweek, 1990 Governor's Conference on Agriculture, Lansing, Michigan (Apr. 18, 1990).

2. A 1989 study by Nexis news monitoring services counts 80,980 news, magazine, and wire service stories on environmental problems over a five-year period.

3. John Quarles, in Cleaning Up America, describes some of the contributions Stein and McDonald made in EPA's early enforcement days. See J. QUARLES, CLEANING UP AMERICA 50, 52, 111-12, 216-18 (1976).

4. For example, Gregory M. Kennan, associate regional counsel with EPA in Boston, thinks government pollution attorneys could use the media affirmatively. "We issue press releases when we get settlements, when we issue orders or when we sue someone, but not from a strategic perspective that might educate the public or put fear in the hearts of recalcitrants." Gregory M. Kennan, interview with author, Boston (July 9, 1990).

However, although reporters get good tips and information from attorneys, they often weigh them against other facts they have collected. For instance, Charles Craig, a court reporter for the Boston Herald, says, "I tend to give the same weight to remarks from attorneys that I do from public relations people. When I listen to them, I always assume they are arguing their case." Charles Craig, interview with author, Boston (July 7, 1990).

5. Study: Older People Read Newspapers More, Chi. Tribune, July 15, 1990, § 1, at 4.

6. Don Hewitt, executive producer of 60 Minutes, noted, "We're not interested in heavy Environmental Protection Agency stuff. I'm not in the business of broader social awareness. I'm in the business of covering news. I'm interested in finding a small town that has to comply with EPA rules and what happens there. I want to deal with stories about people grappling with issues." Good, Why You Can't Always Trust "60 Minutes" Reporting, PANORAMA, Sept. 1980, at 40.

7. A Harvard University study showed that the average sound bite for a presidential candidate in the 1968 campaign was 42.3 seconds. By the 1988 campaign, the length of the sound bite had decreased to 9.3 seconds. K. Adatto, TV Tidbits Starve Democracy, N.Y. Times, Dec. 10, 1989, at 23.

8. In at least one state, Massachusetts, the law has been amended to allow organizations to say, "We're sorry," without fear that such statements can be used against them in a civil action.

Statements, writings, or benevolent gestures expressing sympathy or a general sense of benevolence relating to the pain, suffering or death of a person involved in an accident and made to such person or to the family of such person shall be inadmissible as evidence of an admission of liability in a civil action.

MASS. GEN. L. ch. 133, P23D (1986).

9. Milkovich v. Lorraine Journal Co., No. 89-645 (U.S. June 21, 1990).