1997 was a pivotal year for environmental regulation in this Country. Penalty assessments seem to be coming down, and penalty mitigation programs are coming of age. An increase in State and federal loan/grant programs for cleanups and regulatory initiatives is designed to make the regulatory more user friendly. In 1998, we will learn whether the apparent moratorium on stiff penalty assessments will continue and we will see whether the present solid waste collection system will be over-hauled.

Solid Waste Deregulation
Recently, the United Supreme Court let stand a federal appeals court decision that waste flow laws requiring municipalities to have their waste sent to designated locations, are unconstitutional in that they discriminate against out of State companies. Many States and Counties may have to revamp the manner in which they handle household trash issues in 1998.

Takings
1997 was also a significant year for regulatory takings cases. Regulatory takings occur when the government over regulates property such that it no longer has any useful purpose. For example, this occurs in wetlands cases, coastal permit cases, and zoning challenges. Recently, the United States Supreme Court held that where it would be futile to do so, an aggrieved party need not exhaust every single administrative appeal before seeking redress in the Courts.

Legislation in Congress and various States is also aimed at streamlining the takings process. Watch for more movement in this area in 1998.

Air Pollution
At the national level, new, more stringent air pollution standards were recently introduced. Regulation may soon impact previous untouchables such as lawn mowers and trimmers. In the States, Pennsylvania announced in 1997 that it was going to file suit against the United States over regional air pollution problems. Pennsylvania and neighboring States take the position that a lot of their air problems originate in dirty, Midwest factories. This is a highly charged, potentially costly issue. Who knows if there will ever be a real resolution.

Brownfields Redevelopment
Brownfields restoration has become the talk of the town in real estate circles as the price of pristine property continues to grow out of reach. Many States have ongoing brownfields programs -- and the field matured in 1997. In 1998, look for possible federal legislation in this area as there are presently pending in Congress several brownfields initiatives.

Underground Storage Tanks
1998 marks the national deadline for upgrading many underground storage tanks. Many companies may elect to close their tanks altogether and build new, above ground tanks. Regulators would be pleased if that happened since leaking tanks have been a giant environmental pain for many years.

Tire Fires
Tire fires cause tremendous pollution and can be a health hazard and expensive to contain. With this in mind, several States instituted tire recycling programs in 1997. Some programs have included funding.

Environmental Insurance
Environmental insurance policies -- in other words policies designed to respond to spills and cleanup overruns, have matured greatly in 1997. In 1998, look for a more competitive market, which is good news for would-be policy purchasers. Also in 1998, watch for greater reliance on these kinds of new policies.

Reducing Environmental Penalties
1997 saw a continuation of the national trend towards penalty reductions. For example, starting in September, 1997 the Pennsylvania DEP permitted parties settling civil administrative penalties to offset them by up to 75% by funding approved community environmental projects. Likewise, Delaware enacted a penalty mitigation policy in April of this year, which immunizes violations detected during internal audits.

The issue over whether violations detected during internal audits is one of concern to the EPA. The EPA is fears that companies will avoid penalties for bad acts through this audit process. In 1998 we will see how the EPA reacts to States that have implemented these kinds of audit immunity programs.

Conclusion
In 1997, New Jersey's Governor Whitman won re-election by a single percentage point. She learned, almost the hard way, that while citizens want fair environmental regulation, they in fact do want real environmental regulation. The Whitehouse and every Governor took note. In this regard, 1998 might be an important year in defining the future direction of environmental regulation as we approach the next century. We know that computers will all crash in the year 2000, will current, more relaxed enforcement policies do the same?

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.