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This website is authored by Lester Levy, Esq.
a founding member of JAMS.

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You are here: Home / Archives for water contamintation

Our Drinking Water Regulation Is So Weak Even Flint’s Water Got A Pass

July 6, 2016 by Environmental ADR Editor Leave a Comment

drinking-water-regulationWASHINGTON — Federal drinking water rules are so relaxed that not even the city of Flint, Michigan, has been cited for a violation, even though many Flint residents have been relying on bottled water for drinking and cooking since last year.

The Natural Resources Defense Council said Tuesday that 18 million Americans got water from systems that violated federal standards last year, according to federal data.

And the environmental advocacy group said an untold number of water systems break the rules without landing in the Environmental Protection Agency’s database of water regulation goofs — including Flint.

“Flint’s absence in the federal data system raises the question: If Flint’s extraordinary lead contamination problems are not included in the EPA’s official compliance data,” the NRDC’s report says, “how many other municipalities’ serious lead problems are being swept under the rug by officials responsible for protecting public health?”

An EPA spokeswoman noted it’s up to states to notify the agency of drinking water violations by municipal water systems.

“EPA recognizes there are ongoing challenges in compliance with the Lead and Copper Rule and is working closely with states, who under the Safe Drinking Water Act are the first line of oversight of drinking water systems and take the majority of enforcement actions,” the spokeswoman said in an email. The Lead and Copper Rule is the main federal regulation for limiting lead levels in public drinking water. Read More

 

Filed Under: In the News Tagged With: EPA, Flint, water contamintation

The Next Water Crisis Is Looming—How Can Tech Help?

April 14, 2016 by Environmental ADR Editor Leave a Comment

Next-Water-Crisis-LoomingHave you ever wondered if the water in your house is safe to drink? While many have been angered by the news that children in Flint, Michigan were exposed to abnormally high amounts of lead in their drinking water, clean water is actually a problem for millions of Americans.

Chicago is busy replacing 900 miles of hundred-year-old, potentially hazardous lead pipes, while Fresno is dealing with cancer causing chemicals in wells.

The American Society of Civil Engineers estimates US water infrastructure is nearing the end of its useful life and will need to be replaced, probably costing around a trillion dollars. And the Environmental Protection Agency estimates 16% of water is lost every year through old systems and that over the next 20 years water system upgrades will be a $200 billion market.

And of course, clean water is not only a US problem. Far from it.

Over 663 million people lack access to clean water worldwide. According to the World Health Organization, 1.6 million people die every year from diarrheal diseases due to a lack of access to clean water and basic sanitation. Ninety percent of those who die are children under five, the majority living in developing countries.

Water is not only essential for sanitation, drinking, and cooking but necessary for agriculture, industrial activities, recreation and healthy environmental ecosystems.

As the world’s population continues to grow and urbanize, and as the climate changes, the International Food Research Institute predicts that by 2050 more than 4.8 billion people and half the world’s global grain production will be at risk due to water stress.

Where access to this most valuable of resources is contested, conflict ensues. From Syria and Iraq to Peru and the Ukraine, water continues to play a pivotal and increasing role in conflict, and water-related conflicts have significantly escalated since the turn of the millennium.

The irony about the global water challenge is that we live on a planet awash in water, yet we can only utilize a tiny fraction of it in the form of accessible fresh water.

That’s where we believe new technology and innovation can help. Read More

Read the entire article at SingularityHub.

This was originally published on SingularityHub written by Darlene Damm and Nicholas Hann.

Filed Under: In the News Tagged With: environment, EPA, global water challenge, technology, water contamintation

Mediation Can Accelerate Cleanup

March 11, 2016 by Lester Levy Leave a Comment

Mediation Can Accelerate Cleanup

A recent exposé broadcast on New Jersey public television revealed there may be as many 100,000 unaddressed and leaking underground storage tanks in New Jersey. Many of the tanks contain hazardous materials including petroleum products such as heating oil and gasoline, PCE-used by dry cleaners over many years to clean our clothes-and volatile organic compounds (VOCs), such as “degreasers,” used in many manufacturing businesses. If not contained, these chemicals, which are potentially hazardous to human health and the environment, can threaten the groundwater we drink and use to irrigate our crops.

Many of these tanks have remained in place for decades-either forgotten, because historical users have moved on, or ignored because our current legal and administrative system lacks the resources to investigate and require necessary remedial action at all sites. Cases involving multiple parties and adjoining properties are at the mercy of the judicial and administrative procedural inefficiencies identified above and the “business-as-usual” attitude of the legal professionals handling them. So resolution-and cleanup-are delayed while the contamination at issue continues to migrate or volatize, thereby risking harm to people and the environment.

Mediation provides a way to cut through this backlog. Environmental mediation as an alternative or adjunct to traditional federal or state court litigation has proven to be enormously successful. Unlike immutable judicial rules, mediation procedures and outcomes are not limited to any one statutory scheme-or to any pre-determined set of remedies. Mediation has fewer technical and tactical delays than traditional litigation because its progress is driven entirely by the parties themselves. The federal Environmental Protection Agency, Department of Justice, and their counterpart state environmental agencies, attorneys general and environmental project managers, can join in the mediated discussions even if they are not formally parties to the case. In my experience, the sooner the agencies are involved, the sooner the courts require mediation of cases that will benefit from its use, the faster the case can be resolved to the satisfaction of the parties and the agencies. Streamlining the dispute resolution process can provide a correspondingly huge savings of time and money. And the money that is spent “in process” is focused on resolution and cleanup. [Read more…]

Filed Under: Mediation vs. Litigation Tagged With: ADR, alternative dispute resolution, environmental disputes, environmental mediation, mediation vs. litigation, New Jersey pollution, water contamintation

Groundwater in New York: A Threatened Resource?

March 4, 2016 by Environmental ADR Editor Leave a Comment

Groundwater in New York: threatenedNew York State residents have long enjoyed high quality, affordable potable water; the result of the State’s protected source waters and reservoirs, and robust testing and filtration programs. In fact, most New Yorkers have taken the quality of their potable water for granted. But in recent weeks two upstate New York towns – Hoosick Falls and Petersburg – have detected elevated levels of perfluorooctanoic acid (PFOA) in their drinking water supplies, leading state and federal authorities to warn residents against using tap water for human consumption.

There is no reason to believe that the elevated PFOA levels detected in the Hoosick Falls and Petersburg water supplies are indicative of a far-reaching problem with the safety of New York’s municipal water supply systems. However, given the recent tragedy in Flint, Michigan, where elevated levels of lead in the city’s water system were apparently ignored by city, state and federal regulators, and initial criticisms leveled by residents against the State for its response in Hoosick Falls, the State has sprung into action on several fronts. These actions may impact the operations of those providing private and public potable water as well as manufacturing companies throughout New York State whose operations have or may be impacting the quality of the water source.Read More

Read the entire article at Lexology.

This was orifginally published on Lexology written by Phillips Lytle LLP

 

Filed Under: In the News Tagged With: climate change, environment, Flint, ground water, New York, NYS, water contamintation

Unsafe Lead Levels in Tap Water Not Limited to Flint

February 10, 2016 by Environmental ADR Editor Leave a Comment

Unsafe Lead Levels in Tap WaterIn Sebring, Ohio, routine laboratory tests last August found unsafe lead levels in the town’s drinking water after workers stopped adding a chemical to keep lead water pipes from corroding. Five months passed before the city told pregnant women and children not to drink the water, and shut down taps and fountains in schools.

In 2001, after Washington, D.C., changed how it disinfected drinking water, lead in tap water at thousands of homes spiked as much as 20 times the federally approved level. Residents did not find out for three years. When they did, officials ripped out lead water pipes feeding 17,600 homes — and discovered three years later that many of the repairs had only prolonged the contamination.  [Read more…]

Filed Under: In the News Tagged With: EPA, Flint, lead, pollutants, water contamintation

The Lawyer Who Became DuPont’s Worst Nightmare

January 19, 2016 by Environmental ADR Editor Leave a Comment

DuPont's Water ContaminationJust months before Rob Bilott made partner at Taft Stettinius & Hollister, he received a call on his direct line from a cattle farmer. The farmer, Wilbur Tennant of Parkersburg, W.Va., said that his cows were dying left and right. He believed that the DuPont chemical company, which until recently operated a site in Parkersburg that is more than 35 times the size of the Pentagon, was responsible. Tennant had tried to seek help locally, he said, but DuPont just about owned the entire town. He had been spurned not only by Parkersburg’s lawyers but also by its politicians, journalists, doctors and veterinarians. The farmer was angry and spoke in a heavy Appalachian accent. Bilott struggled to make sense of everything he was saying. He might have hung up had Tennant not blurted out the name of Bilott’s grandmother, Alma Holland White.

White had lived in Vienna, a northern suburb of Parkersburg, and as a child, Bilott often visited her in the summers. In 1973 she brought him to the cattle farm belonging to the Tennants’ neighbors, the Grahams, with whom White was friendly. Bilott spent the weekend riding horses, milking cows and watching Secretariat win the Triple Crown on TV. He was 7 years old. The visit to the Grahams’ farm was one of his happiest childhood memories. [Read more…]

Filed Under: In the News Tagged With: DuPont, environmental disputes, water contamintation

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lester-levy

I strongly believe in the value of mediation – said another way, environmental mediation really works. I would go even further: I believe that environmental disputes are perfectly suited to the mediation process – perhaps more so than any other area of legal practice. I have formed these views after mediating environmental cases for more than 20 years, throughout the United States, and having worked with thousands of lawyers, companies, insurance carriers, regulatory agencies and courts. My … Read more

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