I teach a lot of courses and seminars every year. Sometimes I teach lawyers about environmental issues, sometimes I teach professionals in related areas such as real estate.

I find that this is a good opportunity to exchange information. Invariably, I learn a lot every time I participate in a lecture.

Recently, I was with a group of title insurance people. Somebody asked me an interesting question.

He said that he knows that asphalt is toxic. One day, a contractor poured a new driveway at his house.

While the driveway was being poured, that person wondered whether he was committing an environmental violation, because the asphalt is toxic. He wanted the new driveway, but he questioned why this new driveway did not violate environmental laws.

The answer is that the driveway is ok. Society recognizes that some products are inherently beneficial, even some they cause pollution such as the new driveway.

While local permits may be required, paved driveways are generally allowable (but not always allowable, for example in some ocean communities where crushed sea shells may be preferred).

Yes, it is true that the materials used in driveways may contain toxic substances. And when a new driveway is being installed, the toxic substances are being placed directly onto the earth. And from there it is also possible for seepage of contaminants to enter the soils, and perhaps even the groundwater.

But, rest assured, there generally is nothing illegal about installing a driveway. Driveways are beneficial, and we make allowances for them.

After all, how else can we get our gas belching SUVs to our houses? Again, these unnecessary trucks cause a lot of pollution. But as a society we have decided to allow them anyway.

The same applies to fertilizers. Fertilizers can be terrible not only to us, but our pets.

However, in society, we recognize that there might be beneficial use for pesticides, and therefore, even though they can be toxic to the soil, the groundwater and nearby surface waters, we allow them to be used.

Homeowners are not the only ones who make these tradeoffs. Often, factories are allowed to release lead, metals, and harmful volatile organic compounds into the water and air.

Yes, these are hazardous substances that at sufficient concentrations can make us sick, and perhaps even kill us. Nonetheless, permits are issues every year that allow this kind of pollution to occur.

There has been a societal balancing, and we realize that even though we'd rather these materials not be released into the water and into the air, we have to allow some pollution to take place.

So the bottom line is that while contamination is bad, it is not always illegal. Sometimes, we are simply allowed to pollute, because there is a recognition that in limited instances there is little choice. In other instances, there are choices, but we simply do not want to make them.

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.