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Stuart Lieberman
Stuart Lieberman, Esq.
liebermanblecher.com

*NJ Deputy Attorney General assigned to the State Department of Environmental Protection from 1986 - 1990.
*Partner in the environmental law firm of Lieberman & Blecher, P.C. in Princeton, New Jersey
*Lectures for the N.J. Institute for Continuing Legal Education (ICLE), and is available for other speaking engagements through the year.


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THE ENVIRONMENT
President Clinton Got The Lead Out Before He Left
Stuart Lieberman, Esq.,

Before leaving office, President Clinton undertook certain legacy actions: tasks that he wanted to be remembered for having completed. Every President does this kind of thing. Many suggest that his late term lead disclosure rules were legacy rules. No matter what, they are good law.

New Right to Know lead rules were placed into service by the Clinton Administration on January 8th of this year. The news is good news for communities that may have lead problems, generally older, urban areas. Of course, lead problems are found in every American community. As you are aware, just about everyone now agrees that lead can make people very ill. While anyone can become injured, children and the unborn seem to be most at risk.

Lead exposure can lead to brain damage and central nervous system damage. Children with learning problems in some instances may also have been exposed to lead and other symptoms can also be connected to lead poisoning. Lead poisoning is a very large problem in the United States. Many communities have lead abatement programs.

Lead paint, which has not be used for many years, has been a big culprit. But, it is not the only culprit. According to the EPA, lead poisoning adversely affects approximately one million children per year in the United States. This means that even though we have been aware of the lead danger for over a decade,the problem has by no means, no means at all, disappeared.

The new disclosure rule is a "reporting" rule. It will not eliminate lead, but rather helps community members become aware when a lead threat is present. Under previously existing law, companies that process or store lead must report information relating to lead discharges to the EPA's Toxic Release Inventory, or "TRI." Under this new rule, the reporting thresholds have been dramatically lowered for lead. That means that companies that did not have to previously report lead release information to the TRI will now have to do so.

Why is this a big deal? Because the TRI has so much wonderful information for neighborhood residents. It is available from the EPA, and it can also be found on the internet. Community members can use the TRI to learn about hazardous threats in their own neighborhood. And now, much more lead related information will become available.

According to the EPA, a growing group of individuals who use the TRI consists of concerned citizens who rely on the database to raise and answer questions about chemical releases in their community. Citizens who review and understand the TRI can become more aware of toxic chemicals in their neighborhoods. In addition, the database provides a basis for ongoing dialogue between local companies and community residents, which can ultimately result in a change of practices and improvement to the local environment.

It takes a while for this information to be released by the EPA in the form of an updated TRI report. Frankly, it seems to take too long.

The 1998 information was only just released last May. Better later than never, but that time lapse should be reduced. This information is simply too important to be delayed.

And understanding the TRI is important for those readers who want to learn more about hazards and risks in their community. The TRI is complicated at first glance. With some effort, it can turn into an important watch dog tool.

The information provided in this column is written by Stuart Lieberman,a practicing environmental attorney, and is for general information purposes only. It is not legal advice and should not be used in place of legal advice.

Stuart Lieberman, Esq., and IRED.Com, Inc., will not accept any responsibilty for any reliance on the information in this column or any damages whatsoever resulting from reading this column.


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