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Widows & Orphans

Environmental problems come in all shapes and sizes.  Some are easy to fix and can be corrected with a little hard work and a shovel.  Others take time, money and expertise--things not everyone has at their immediate "disposal." 

It is easy to say that the responsible person should pay whatever it takes to clean up his or her mess.  Sometimes that is simply not possible.  A penniless person can cause a significant environmental impact without spending a dime just as easily as person who has money but ignores the law.  The law deals with the latter and ultimately solves the problem much more easily than it does with the former.  The law appropriately considers ability to pay, through complex computer models that can examine an individual's finances and determine whether they can in fact pay what is required.  It all comes down to this: when a defendant doesn't have two nickels to rub together, he will not be able to hire an engineer or a contractor to fix the failing drinking water system or wastewater treatment facility.  Another surprisingly common example occurs when the responsible person dies without cleaning up the mess -- and leaves little or nothing in the bank.  Sites like these are known as "widows & orphans." 

Today, we aggressively and steadfastly pursue compliance.  We do the best we can to creatively solve these difficult problems when the opportunity arises, but some sites simply languish.  Missouri needs a "widows & orphans" fund to provide the resources in appropriate cases to solve intractable environmental problems and thereby protect the public.  Short of a dedicated fund established by the state and managed by the AGO, how can Missouri better protect the public from these environmental problems?  Would you support the creation of a "widows & orphans" fund in the state treasury? 

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Posted by Aldo on June 9, 2008 4:13 pm :: Comments (0) :: Permalink

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