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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 Fight City Hall, And You Can Win
Stuart Lieberman, Esq.,
Independence Day was July 4. Independence Day signifies the rights of
people to be free of arbitrary government rule.
When our local government acts unfairly, or against the general welfare,
regular people can fight back and they can win. The lesson of July 4 needs
to resonate again and again.
In particular, if City Hall is on the verge of approving a developer's plan
that will destroy your community, your voice needs to be loudly and
effectively heard . I represent many groups opposing bad development plans,
and will share some of my observations with you below.
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.
The following six points should be considered by any community organizer.
- 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.
- 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.
- 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.
- 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.
- 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.
- 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 City 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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