Assemblyman Richard Brodsky, candidate for attorney general, has released an environmental plan. Here are the highlights from his office:
““Polluter Pays”
Simply stated, the states laws should be enforced to assure that
taxpayers do not bear the burden of cleaning up corporate pollution,
citizens do not bear economic burden and the public does not bear the
health and safety burdens caused by such pollution. As a result, the
Brodsky plan proposes three main ways that polluters can be held
accountable by actions taken directly by the Attorney General:
Reforming the “Oil Spill Fund” and Empowering the DEC: The State Oil
Spill Fund was created to collect fines and penalties from polluters
that will enable the state to clean orphaned pollution sites without
the taxpayers being forced to foot the bill. Only the most vigorous
enforcement of the law will yield sufficient money to clean up these
sites, thereby protecting taxpayers. Richard will use the powers of
the Attorney General’s office to partner with the DEC to collect these
fines in earnest and ensure that the public is protected.
Citizen Suits: The “Polluter Pays” principal can also be asserted by
private citizens who seek to enforce state law when the state does
not. As Attorney General, Brodsky will re-introduce his “Citizen
Suits” legislation (A.4272) as a program bill legislation. This
legislation would provide private citizens with the right to seek
enforcement through the courts in instances involving violations of
those provisions of the ECL relating to protection of waters, water
supply, water power, drainage, solid and hazardous waste, freshwater
and tidal wetlands, pesticides and hazardous substances bulk storage.
Protecting Our Aquifers, Cleaning up Toxic Waste: There must be far
stronger and more efficient regulatory enforcement of the efficient
disposal of the waste products that were created my Manufactured Gas
Plants (MGPS)- which is a glaringly huge issue facing Long Island.
Currently, a NYS DEC consent order lists 23 sites on Long Island where
waste products containing numerous toxic and carcinogenic compounds
were recklessly dumped by MGPS over a 100-year period. Richard will
investigate, and if necessary, prosecute utility companies who are not
making the best possible effort to remediate this problem quickly and
effectively.
Brodsky said: “As Attorney General, I will set a national standard for
the effective enforcement of environmental laws. Today, there are a
myriad of environmental laws currently in place that could go a long
way to holding polluters accountable, but are not adequately enforced.
Also, there are issues that need to be addressed that will need new,
aggressive statuary changes and I will lead the fight to implement
them.”
A Constitutional Right to Clean and Safe Environment
Assemblyman Brodsky has led a national effort to enshrine in the
United States Constitution the right to a clean and safe environment.
This initiative, when first proposed in 1996, was supported by
legislative bodies in 5 states. He proposes that the New York State
Constitution be amended to contain the same right.
Brodsky said: “The New York State Constitution has long been a vehicle
for principles that help new Yorkers live better, safer and happier
lives. There is no more basic right then the right to breathe clean
air, drink clean water and be safe from toxic pollution in our
communities.”
Environmental Enforcement Initiatives:
Environmental Enforcement by the Attorney General is key to promoting
public health changes and improvements. Some of the key issues that
Richard will confront head-on upon taking office are as follows:
Fracking: The statewide debate about fracking has highlighted
potential long-term danger to drinking water in our state. While the
legislature continues to debate a moratorium on fracking, and while
DEC continues the regulatory process. The Attorney General has
particular responsibilities, which must be exercised. As Attorney
General, Richard will use existing powers to appoint a Watershed
Inspector General (WIG) who is thoroughly versed on this issue.
Richard will use the office of the WIG to make certain that New York
City’s drinking water is never compromised. The WIG needs to be a
central part of the statewide debate and to lead efforts to protect
water quality, as the direct employer of the WIG, Attorney General
Brodsky will make sure this happens.
“Environmental Justice”: For too long, there has been an inequitable
pattern in the siting of environmental facilities in minority and
economically distressed communities, which have borne a
disproportionate and inequitable share of such facilities. Brodsky
will continue to support his long-standing legislative initiative
(A.4245) that would require the state to factor in disproportionate or
inequitable burdens on minority communities or economically distressed
areas under the State Environmental Quality Review Act (SEQRA).
Richard will launch investigations into incidences where this practice
is being alleged, and require the issuance of all Environmental Impact
Statements to take into consideration these issues, and also use the
Department of Health’s Cancer Incidence Mapping System that Richard
created this year (A.199) to determine if the siting of environmental
facilities is linked to cancer incidences.
Environmental enforcement on Special Taxing Districts: All across New
York, local governments have created “Special Taxing Districts” which
have particular responsibilities to levy and collect taxes. In many
cases, such districts provide water and wastewater management services
and have often acted in ways that damage the environment-notably
because they are often unregulated by state and federal statutes, or
chose to disobey them. As Attorney General, Brodsky will not permit
this to continue, and will apply state laws in ways that they are not
currently being applied even as we seek federal reforms.
Brodsky said: “New York’s various state agencies, public utilities and
local governments need to all work together to protect our environment
and public health. As Attorney General, I will enact sweeping reforms
and enforcement provisions that will enable us to jointly reach this
goal.””
By David King on August 26, 2010, 3:18 pm
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