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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
Michigan Enviro Clean Up Program Is Short Sighted
Stuart Lieberman, Esq.,

Michigan's environmental cleanup program needs 100 million dollars --quickly. That's how much it costs to fund the program that cleans contaminated properties where no legally responsible party can be found.

The program has historically been funded through state wide bond initiatives. But some speculate that this year the bond initiative will fail. Leaving this critical program almost broke.

Yes, there is the the bottle recycling fund, which is good for ten million a year. Can you imagine that something as important as an environmental cleanup program depends on bottle recycling money to survive?

Michigan obviously does not have its priorities in the right order. Contaminated properties need to be cleaned by government in the same manner that roads need to be paved by government and schools need to be constructed by government.

This is a minimal government requirement that cannot be subject to the whims of a bond initiative.

The federal government uses petroleum taxes for its cleanup program. Other states do the same, and that makes perfect sense. Properties that are dirty must be cleaned, and tax revenue should be available for this kind of essential government function.

Now Michigan faces a truly ludicrous situation. The bonding may not have enough political support to pass, which means the state Superfund program may have to shut down.

Why don't they try this approach with other essential government functions? For example, prison budgets should depend each year on whether bonding efforts pass. If they do pass, prisons in Michigan can stay open. If not, the prisoners walk.

Of course they wouldn't do such a thing because we need prisons. Everyone, even Michiganers, understand this.

But don't we also need a clean environment? I could see this being a question in the 1970s. But in 2008? You have to be kidding.

Michigan legislators have no option but to make sure that this vital program remains funded and operating. And the funding scheme must change.

No longer can such a vital government function depend on funding sources that can simply evaporate when political courage evaporates. The state Constitution should be amended to ensure continuous, interrupted funding of this vital government obligation.

Michigan, its time to grow up. This state Superfund fiasco is an embarrassment. Michigan must do better.

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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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