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Sierra Club Petitions EPA to Stop New Jersey From Using Private Companies to Oversee Cleanups

By Henry T. Chou, Esq.

On December 30, 2009, the Sierra Club petitioned the United States Environmental Protection Agency (USEPA) to halt New Jersey's implementation of the Licensed Site Remediation Program, which would shift regulatory oversight of contaminated sites from the New Jersey Department of Environmental Protection (NJDEP) to private engineers licensed by a State Board.

The LSRP program was implemented in November 2009 for the laudable purpose of expediting the massive backlog of 20,000 contaminated sites currently managed by the understaffed NJDEP. However, the Sierra Club contends that the new program jeopardizes public health and safety because it will result in less government oversight of contaminated sites.

The Sierra Club's petition is unlikely to succeed, as a similar program has been operating successfully in Massachusetts for over a decade. Incoming Governor Chris Christie has pledged to maintain the program, which was proposed by former Commissioner Lisa Jackson (now USEPA Administrator), and had bipartisan support in the Legislature and Governor Corzine.

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