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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
Local Government Can Protect The Environment
Stuart Lieberman, Esq.,

Many people believe that environmental protection is something that other people have to do -not them. Erroneously, they believe that no matter what they do - whether its good or not - its ecologically insignificant.

Of course, if everyone believed that, the environment would be in shambles. Good environmental management requires everyone to pitch in.

Recycling is a good example. An expert recently told me that people will use recycling bins if they are very convenient. In other words, if they are leaving a fast food table, they will recycle the bottles and plastic if suitable bins are right next to the trash cans. If they need to make any extra effort, many will not do so.

What is interesting about this pattern is that people understand that recycling is important, but are not personally committed to recycling unless it is absolutely painless.

Many municipalities in the US have the same kind of feeling about ecology. First, they do not feel responsible for it.

I think many local governments believe that the state EPA will do whatever has to be done in their state. I see this with wetlands issues all of the time. Local governments ignore wetlands concerns because they believe, often incorrectly, that if a problem exists the state regulators will be informed and will take action.

The applies to stormwater runoff issues. Local governments understand that this is important. However, they often defer to state and county regulators without any guarantee that those other levels of government will ever do anything about the issue.

Call it pass the buck or a false sense of security, or even apathy, all of these failures to check add up. And in total, result in environmental degradation.

Not every local government misses the point. Some do very well.

One of my favorite pro-environment municipalities is Boulder Colorado. Years before open space was an issue, Boulder was trendsetting by insisting that space be set aside. And today, Boulder is a beautiful city that cares much about the environment.

Duqouin Illinois is an example of another City that is trying to do things right. This past August it was awarded the Green Community Award from the Illinois EPA. The City is taking a variety of steps to reduce pollution, increase fuel efficiency, and redevelop contaminated properties.

Municipalities can make a huge different in protecting the environment. They can encourage mass transit usage, use cleaner burning and non traditional fuels, encourage recycling by example and through active enforcement, watch hazardous substance runoffs, prevent development that causes soil erosion, and actively redevelop brownfields.

Some municipalities are starting to become believers. Most have a lot of learning that still remains.

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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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