Message From the Section Chair. Environmental Regulatory Agencies Must Be More Responsive
The recent events in East Palestine, Ohio involving a train crash and the release of toxic chemicals publicly illustrates the slow and inadequate response of the federal and state environmental agencies to address public concerns regarding possible exposure to toxic chemicals in the air, surface water, and groundwater. Apparently, the fire was allowed to burn, which I understand is an option with a toxic fire. Either let it burn or address the fire, which could result in subsurface contamination. I understand the fire was allowed to burn to avoid subsurface contamination, which could have been addressed if the agencies were prepared to substantially investigate and remediate potential subsurface contamination. Apparently, the federal and state agencies did not issue air, surface water, and groundwater tests to adequately address public concerns.
The public outrage was on display nationally and around the world in response to the perceived lack of a federal and state regulatory response. The slow and inadequate response of regulatory agencies is an ongoing and repeated issue. Things take years to decades to be addressed. Human health and the environment are at stake and the agencies, including the New York State Department of Environmental Conservation and the U.S. Environmental Protection Agency, are incredibly slow. A typical superfund investigation is measured in years if not decades. Meanwhile, contamination spreads and causes issues.
After practicing environmental law for several years and working on numerous locations, I have never heard a regulatory agency express a concern regarding human health impacts from an environmental exposure. The agencies would respond that they have a lack of resources. While the agencies may have a lot to do with their limited personnel, there is no excuse for taking years and years to address these risks, especially when leaving endless questions and concerns. The federal, state and local environmental agencies must be more responsive and address the issues more expeditiously. One answer is to rely on licensed environmental professionals to a greater degree to address issues.
