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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
Welcome Home Ms. Whitman
Stuart Lieberman, Esq.,

Christie Todd Whitman was, until recently, the head of the US Environmental Protection Agency, in Washington. She used to the New Jersey Governor.

Recently, Ms. Whitman announced that she will be stepping down from her federal job, reportedly because she is home sick for New Jersey.

While some people wonder how anyone who has left New Jersey would want to come back, I live in New Jersey and never want to move. So, I do understand her.

But homesickness aside, I believe that most of us in this enviro business suspect that Ms. Whitman is coming home for other reasons as well. We suspect that she and the President did not see eye to eye on environmental policy and she tired of the disputes.

In fact, the President never seemed to have much of any environmental policy. Many so-called environmental positions really seemed to be big business, often big energy business, initiatives. And the government seemed to fall especially short in the area of air protection.

So with the Whitman home-coming, and with a particularly lacking air protection legacy being left behind, real successes need to be noted.

This past April, the EPA announced a major, $600 million settlement with Wisconsin Electric Power Company, which is also called We Energies. According to the EPA, the utility's gas burning electric generators were belching out dangerous pollutants at facilities that did not contain appropriate air protection devices.

Federal law requires that smoke stacks contain air cleaning devices designed to limit the release of harmful pollutants. The EPA alleged that We Energies failed to install these protective devices. Which means lots of asthma producing pollutants were released into the air.

The Agreement requires the utility to either upgrade its facilities or close down the non-complying burners. Reportedly, 105,000 tons of pollutants will be eliminated each year from the offending facilities as a result of this settlement.

So, how does all of this affect you? You and your family members all breathe the same air as does everyone else. Air quality knows no geopolitical or socio-economic boundaries. We all share the same air and we all need clean air for healthy living.

In fact, electric producing utilities often rely on coal burning facilities. For years, many of these facilities have generated huge amounts of pollution that have traveled throughout this country, affecting air quality for many people.

Not long ago, east coast states such as Pennsylvania sued Midwest electric utility companies for producing air pollution at these facilities. Many people believe that much of the east coast smog is caused by these Midwestern, coal burning, facilities.

So, we are all very much connected. And we all need to be concerned about pollution from electric producing facilities.

Christie Whitman is homesick and is returning to New Jersey . She also may be sick of battling the President. But whatever the case might be, the We Energies settlement was a good thing that should be applauded.

And who knows, maybe we will all be able to breathe a little easier.

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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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