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Directories Int'l Realty US Realty
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Urban Redevelopers: Clean Up The Water Stuart Lieberman, Esq., New Jersey is generally regarded as one of the most pro-environmental states in the nation. Maybe it has to be. It is also, unfortunately, one of the most polluted States in the nation. The old joke has it that per capita California has more lawyers and New Jersey has more Superfund sites than any other State in the nation. When asked why, the answer is that New Jersey got first pick. New Jersey has a long history of industrial uses which has resulted in a whole lot of environmental issues. And one of the questions that has arisen is how do you redevelop these properties so that they can be safely reused. In particular: if the groundwater is dirty, does it make sense to completely clean it up, or might something less be acceptable? Many redevelopers have argued that groundwater should not have to be cleaned up to pristine conditions in industrial parts of the country where it is likely that that water will never be used for drinking purposes. Environmentalists urge that all water is created equally and all water should be 100% restored. Now we have an answer, at least in New Jersey. A State Supreme Court decision has ruled that it is appropriate for the State to require the same level of groundwater cleanup throughout New Jersey, even in instances of urban redevelopment. In other words, no one gets a break simply because contaminated property is being cleaned and returned to good use. The same cleanup rule apply to everyone. Of course, many redevelopers are upset with this decision. They feel that it is over kill. And environmentalists are happy with this New Jersey Supreme Court opinion. They consider this to be adequate protection. In my opinion, the environmentalists are correct. Groundwater is a finite resource. It needs to be protected. Simply because groundwater may be of limited use in a certain area today does not mean that it needs to stay that way, forever. The child who refuses to make his bed because he will only end up sleeping it it tonite is wrong. And the developer who refuses to clean the groundwater because it is of limited use today, is also wrong. Both the child and the developer suffer from short sightedness. If there are ongoing, continuous efforts to remediate the groundwater, even in the most urban areas, the health and quality of all of the groundwater may ultimately be restored. We have a growing shortage of drinking water all over this country and it is important that we restore groundwater quality whenever possible. Free Passes should never be given out. The New Jersey Supreme Court called this correctly in the Garden State. Now other States, and the federal government, need to follow along. The idea of Bownfields Remediation is a great idea, that needs to be fully supported. But environmental protection needs to be vigorously maintained as well.
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.
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