There is a great misconception by most people that if something is a problem or if something is a potential harm the Environmental Protection Agency or a state environmental agency will certainly take care of it. We environmental lawyers hear this all of the time.

For example, it is not uncommon for members of various Planning Boards or Planning Commissions to take the position that if something represents an environmental hazard they need not worry about it because undoubtly the EPA or the state environmental regulators will take care of it.

The fact is that environmental regulators do not always regulate what you would think they would regulate. Sometimes they do not act for political reasons. The EPA is big on this now . And sometimes they do not regulate because internally, they cannot agree that a problem exists that warrants regulation.

I can recall several years ago when the environmental scientists who work at the EPA themselves fought over putting fluoride in the nation's water supply. It had been reported in the popular press that despite the fact that it is a wide spread practice throughout America to provide fluoride in the water supply, scientists employed by the EPA were actually taking the position that public water supplies should not contain fluoride. Some scientists thought this was a good idea. Some did not.

The point is that it is a bad idea to assume that the EPA or the state regulatory agencies think with a single mind. Indeed, there are various factors that go into determining what a government regulatory agency's position will be in the context of a particular issue.

Of course, political factors often weigh heavily. There has been a recent history of deference to big business by the current administration in Washington, and this is an example of environmental policy governed, at least in part, by political contributors.

I have written in the past about Zonolite, which is an insulation installed in many homes that allegedly represents a severe health hazard. While nationwide litigation has been filed over this product, it has taken the EPA quite some time to assume a definitive position.

Now, the St. Louis Post - Dispatch reports that the EPA is ready to make a "major announcement" on the issue of Zonolite. In a copyrighted story by Andrew Schneider, it is reported that it appears that the EPA will now assume a fairly pro-active role, possibly including press releases and the distribution of pamphlets and other information to warn the public about risks apparently associated with this product.

Schneider reports that for almost two years the EPA ignored the Zonolite issue and then played it down. But now, following what he calls heated arguments at the EPA headquarters in Washington, something more is going to happen. He reports that hundreds of miners have become ill or have died as a result of exposure to asbestos found in the vermiculite ore which is the foundation of the product. Despite this, and this is again indicative of what we have seen, the article in the St. Louis Dispatch states that the White House Office of Management and Budget convinced EPA not to make an emergency declaration and not to warn 35 million affected homeowners of this problem.

In a perfect world, environmental regulation would be completely devoid of political concerns. Environmental regulation would be governed by science. But this is not a perfect world and it is a real world in which politics play a significant role.

To assume that if something is a problem it is being addressed by the Federal EPA or by state environmental or health regulators is a baseless assumption. All of these agencies do plenty of good work and serve tremendous value. However, at the end of the day it is always the role of individuals to remain vigilant and to make their own decisions.

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.