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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
Which Agency Do I Call With My Enviro Problems?
Stuart Lieberman, Esq.,

As a practicing environmental lawyer, sometimes my job is to connect my clients with the right people in government who can help them. I wanted to explain to you how government often divides these responsibilities. This is a general overview, each state is slightly different.

There are several layers of environmental regulation in this country. There are the feds, who generally work through the US EPA.

In addition, each state has one or more environmental agencies. Many counties also perform some environmental oversight. And then some local governments play a role as well: usually the bigger cities.

What do the feds do? The EPA is in charge of many of the nation's big environmental programs. This includes the Clean Air Act, the Clean Water Act and the Superfund program. As a homeowner, you will generally not have any contact with that agency.

However, in states with less pro- active environmental programs, the EPA may be more visible. In that case, the EPA may be more inclined to respond to neighborhood dumping or air pollution problems.

In addition, the EPA has extensive brownfields involvement. This concerns the redevelopment of environmentally contaminated properties. If there are any brownfields projects in your community, the EPA may have direct or indirect involvement.

Finally, the EPA has a strong environmental justice program. This program attempts to ensure that toxic devices, such as neighborhood incinerators and landfills, are not disproportionately placed in poorer communities.

As for the states, every state has one or more agency that addresses environmental issues. This usually includes toxic waste cleanups, many air pollution problems, many groundwater pollution problems, wetlands, and other areas not federally regulated.

Some states are more active than others. Some states have assumed federal responsibilities from the EPA, some have not.

People who live in states that are more environmentally active will deal more with the state regulators than with the federal regulators. People who live in states with less state environmental activity may hear more from the feds than the state.

County governments often have a regulatory role as well. Some county governments will send inspectors out to factories that are polluting the air, ground or water. In fact some counties even have environmental enforcement units. Usually, these units work cooperatively with the state to ensure that resources are not duplicated.

Finally, some municipalities have environmental regulation departments. Cities, such as New York, have their own environmental agencies. New York City has its own Department of Environmental Protection. Most small municipalities defer to state and federal regulators to address these usually complicated issues.

So, who will you call with your enviro problem? Let's say your neighbor's heating oil tank is leaking and polluting your drinking water. Since that can become a health emergency, I would suggest calling your local health department. That agency, in turn, should be able to promptly direct you to the correct county, state and federal agencies that may also be able to help.

The same advice pertains to any environmental problem that may affect your health. For example dirty water, dirty air, or prolonged loud noise.

You should also check with the website of local, state and federal regulatory agencies. They will tell you the areas in which they provide regulatory control and the names and numbers of people to call.

Many state and federal agencies have hotlines that should be notified as soon as a problem is detected.

Don't also forget the local police and fire department in the event of an immediate emergency. This may include a health risk, and even a homeland security risk.

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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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