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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
After Years Of Environmental Regulation, Where Are We?
Stuart Lieberman, Esq.,

It's really amazing to me that the federal and state governments have been regulating air and water quality for around 30 years. You would think that we would all be safe after all that time and money.

But the truth seems to be that we are not safe at home. For many of us, too many of us, our air is still bad air. And for many, their drinking water is barely drinkable.

Just a few months ago, the government informed us that air in many east coast areas does not meet even minimum air quality standards. Microscopic pollutant particulates from industrial emissions are in the air, making many of us sick. As an asthma sufferer, believe me, it is not a picnic.

After so many years of regulation, isn't it strange that they are just figuring out now that our air quality is poor? I wonder what they have been doing all these years.

Are you moving to another part of the country? If so, find out about the regions air quality. Usually you can find this out by asking State or Federal environmental agencies. There are plenty of internet resources as well.

But the point is that you need to ask. After 30 years of air quality regulation, you still need to ask. Isn't that a sign of how little progress that has actually been made?

And our drinking water is still no good in many parts of the county. A few weeks ago, a California Water District filed suit against many large industrial organizations because about a dozen chemicals have polluted the water supply affecting two million customers. Yes, two million!!

Many of the chemicals are wastes discharged in the 1950's. PCE and TCE, two industrial solvents, were the most common contaminants found in the water.

The Water District is seeking money to clean up the mess. It also is seeking funds to accurately determine the full extent of contamination.

This past December, a major oil company agreed to pay the City of San Diego $1 million to settle ground water contamination charges. According to published reports, that company apparently had relatively small legal responsibility for the pollution, which had several sources. The company maintained that it was settling to be a good neighbor.

Under the circumstances, that may very well be true. But, nonetheless, it shows another example of the drinking water problems that still remain in this country. After 30 years of regulation, and sometimes it seems as if so little has been done.

As a reminder: if you have well water, you need to test your water on a regular basis. There are simply too many opportunities for your well to be contaminated. And one thing that is clear is that you can't trust the government to protect you. You must be vigilant.

If your water is dirty there are many options. They range from filter installations, to the installation of a new, often deeper well, to arranging for a hook up to municipal water (when that option is present).

Options can be costly and legal representation may be the surest way of protecting your rights. This is an area where a mistake can cost thousands of dollars.

And most importantly, any one buying a new home must absolutely make sure that the drinking water is safe. If it is from a public water supply, check the annual reports that the supplier must file by law. Even though some companies pass minimum standards, they may be close to failure and this is something you need to know before purchasing.

A home that relies on well water requires quality evaluation before purchasing. Is the well soundly constructed, deep enough, and properly located? Does the water require filtration and if so, how is this done and how much does it cost? Does the water test clean now and has it always done so?

Yes, there are plenty of questions to ask. Please be sure to ask them.

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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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