Case Study of How NOT to Run a Voluntary Cleanup Program

Conclusion--Is There One?

With regard to the never-ending saga of Dilapidated Plaza, I hope there is one (a “Conclusion” that is).  PLJ continues to await (as of late March 2002) its long-promised Liability Release.  [NOTE: PLJ finally received its liability release in July 2002.]

As far as New York States’s voluntary cleanup program is concerned, I hope it lives long and prospers. 

I am very concerned, however, that if cleanup volunteers continue to be misled and mishandled (not intentionally or maliciously, of course) as PLJ was in the Dilapidated Plaza case, there will be fewer and fewer of them willing to come forward.  This would be truly unfortunate.  There is no reason New York’s program(s) for promoting the cleanup and rehabilitation of private- or public-held brownfields has to be more dysfunctional than anybody else’s.  In fact, I would hope it could be better than anybody else’s.

New Yorkers have strong and varied opinions on most things.  Why should Brownfields be different?  The views expressed in this analysis are strictly my own.  And, if they are sometimes forcefully presented, and if other views are dismissed a little too sarcastically or offhandedly, it is not because mine is the only legitimate opinion and everyone else is misguided.  It is only because I care deeply about the issue and I see brownfields as perhaps the one area where the interests of the environmental community, businesspeople, and low-income urban residents largely coincide.

The accelerated cleanup and beneficial reuse of brownfield sites has the potential to do so much good for both the environment and the economy that it pains me to see this potential squandered by otherwise intelligent public servants and social activists in furtherance of their individual agendas.

My purpose in this essay is not to offend but to inform.  To provoke thought, not anger.  My ire and frustration are directed not at individuals (who are hard-working and try their best), but at institutions and procedures (which often stifle creativity and initiative and exalt form over substance).  If despite my efforts to avoid it, my words have caused hurt or umbrage to any individual, I apologize.  Please let me know (I may have been more cavalier than I meant to be).  Perhaps I can buy a glass of wine to make amends.

Note: Readers who wish to take issue with--or otherwise respond to, the opinions expressed in this analysis are welcome to submit written rebuttals to The New York Environmental Lawyer and/or contribute comments to the discussion on this topic on the NYSBA website [note: go to the "Caucus" section of the website and select the "law" Conference; the brownfields discussion is entry #129].