Toxic Tort Litigation Blog : Toxic Tort Lawyer & Attorney : Epstein Becker Green Law Firm : Product Liability, Contamination, Pollution

At last night's Spring Gala for the New York League of Conservation Voters ("NYLCV"), former New York Governor George Pataki and Mayor Michael Bloomberg received well-deserved standing ovations from both environmental activists and business leaders for their truly heroic accomplishments on the tough environmental issues New York faces.  It is rare that I come home completely inspired and renewed after listening to speeches, but that is precisely how Mr. Pataki and Mr. Bloomberg made me feel.  Based upon his exemplary record as New York's governor, Mr. Pataki should give consideration to running for the U.S. Senate seat left vacant when Senator Clinton became Secretary of State.  Senator Kirsten Gillibrand is terrific (she delivered last night's keynote address), but she would be challenged to match Mr. Pataki's charisma and his record.  The prospect of having the strongest environmental governor in New York's history representing the State in the Senate, particularly on the Republican side of the aisle, would be potentially transformative were Mr. Pataki to bring to Washington the passion for the causes he championed in  Albany.  Paul Elston, NYLCV's Founding Board Chair, was right when he said last night that George Pataki forced environmentalists to change how they dealt with politicians.  Previously, environmentalists prodded the politicians to adopt pro-environmental policies.  After Mr. Pataki became governor, environmentalist had to run just to keep up with Mr. Pataki's broad-based initiatives, according to Mr. Elston.  Mr. Pataki's legacy resides in every sip of water New Yorkers drink (because of his historic efforts to protect the upstate watershed as a pristine source of our water) and in every breath of air public school children inhale (due to Clean Air/Clean Water Bond Act funds used to replace out-dated and dangerous coal-burning furnaces in the City's schools. 

Governor Corzine signed Executive Order No. 140 on May 7, 2009, which will almost certainly shake up the regulatory scene in the Garden State.  Under the new bill, some 19,000 properties, encompassing everything from residential USTs to large industrial facilities, may now be supervised by contractors who are licensed by a new state board.  New Jersey's new program is modeled after a similar program in Massachusetts, which has increased its cleanup efficiency since it began privatizing cleanups some years ago. Under the MA program, Licensed Site Professionals ("LSPs") are selected and regulated by the Board of Registration of Hazardous Waste Site Cleanup Professionals. Demands for an overhaul of the remediation program in New Jersey began in 2006 after mercury contamination was found at a child care center in Gloucester County.  (So much for the bright idea of housing a day care facility, Kiddie Kollege, in the former thermometer manufacturing plant!).  At the time, NJDEP officials cited staff cuts that hampered the ability of the agency to oversee cleanups and an increase in the average case load of NJDEP project managers.  Of course, not everyone is thrilled about the new law.  Jeff Tittel, director of the New Jersey Sierra Club, believes the law will leave a "polluted legacy" throughout the state and "toxic time bombs" to be discovered by future generations.  But the real issue is how tough the new licensing board is likely to be in setting up the criteria for its LRSP's and what disincentives will be put in place to discourage LRSP's from cutting corners.  The New Jersey Sierra Club's Press Release cautions that this law may have a transformative effect on how the government protects the public's health.  Certainly, no one can reasonably dispute that the new legislation will be create an employment mini-boom among environmental consultants in New Jersey.  More importantly, the law should result in a re-focusing on polluted sites that have not been given adequate regulatory attention in the past.  Based upon the Massachusetts experience, the new law has the potential to be extremely beneficial for the environment and public health in New Jersey.