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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
You Can Beat City Hall
Stuart Lieberman, Esq.,

In many parts of this country, quality develop-able property has already been developed. Still, builders need to make a living and people need to live somewhere. As a result, property that perhaps should not be developed, because, for example it is environmentally sensitive or impaired, is with increasing frequency being targeted for development.

If you reside in a community where an absurd project that should be not be approved has been approved, you can accept that as your fate, or organize your neighbors and fight. I represent many citizen groups (as well as developers!) and I can tell you that very often, you can win. You will need some funding, and more importantly, steadfast, unyielding determination.

It seems that with increasing frequency, "regular" people (we are all regular) are learning that they can really make a difference. Whether it is working to uncover corruption that resulted in illegitimate permit approvals, or revealing wrongful assumptions that allowed local regulators to authorize wetlands destruction or other environmental harm, informed local groups can and do make a difference.

Remember, if the project is going to be profitable, the developer may put up quite a fight because it may be worth it to him or her to fight. This means that a citizens group must have even greater resolve. And also remember: time is a developers enemy and a citizen group's friend. Here are the key points to keep in mind.

Point 1. Concrete Objectives

Before you fight the fight, make sure that the group agrees on a few common, ultimate goals. Do you want to kill the project, or just trim it? Or, perhaps will a different use, or mixed use do? Or, in extreme cases, do you want the local prosecutor to investigate an act of alleged corruption? I believe that this point is the most important one. You simply will never win if you did not agree, in advance, on exactly what will constitute a win. I think that most citizen groups that fail do so because they have failed to concretely define their objectives.

Point 2. Get The Word Out

To be effective, you need to get your story out, over and over again. You need to do this to attract group members and to gather public support and political interest. If no one knows about your group, your group will go no where.

Point 3. Raise Cash

Many citizen group fights require experts and lawyers. Let's face it, the other side will always have experts and lawyers, and therefore you need to have them as well. While some of these services are often donated, you will usually need to hire a lawyer and some experts. Fund raising is a must. I have seen garage sales, coin tosses and talent shows. Some groups charge their members small membership fees. Of course, not everyone who supports your group will do so for exactly the same reason. For example, local merchants may help your group oppose a strip mall because doing so is good for their business. You need to decide where you draw the line.

Point 4. Have One Spokesperson

The press will usually be attracted to groups opposing high profile projects. You need to speak with a common voice. Therefore, have one spokesperson. Point 5. Delegate Responsibilities Everyone is good at something, no one is good at everything. The group must split up tasks. One member may do press releases. One may lead fund raising. One may find experts and legal counsel. Perhaps issues can be divided so that one member handles environmental challenges, another handles political issues, etc.

Point 6. Keep Disagreements Within The Family

Your group needs to be well organized and needs to develop a mechanism for resolving disputes. While you should have vibrant internal discussions, you should appear to together to the public, including the press. You can fight Town Hall. And if you are fighting a just fight, nothing beats winning.
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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