Michigan Gov. Granholm on Tuesday rightly vetoed the so-called "Homeowner Fairness Act" that would have made it impossible for homeowners who believe their property is part of a widespread contamination problem to get cleanup done. The bill was actually authored to delay further the cleanup of watersheds contaminated with dioxin discharged by Dow Chemical Company, among others.
Here's what the Detroit Free Press said about the bill:
Moolenaar's bill is an overreaction. It would require the DEQ to test for pollution in every individual parcel of a contaminated area and allow the suspected polluter to contest the findings, case by case. The cost of such testing would be enormous, draining money much better spent on cleanup plans, as would the delays in fixing pollution problems that really do affect property values. Such roadblocks could also prevent planned cleanups using previously committed EPA Superfund money.
From a scientific standpoint, such testing also is unnecessary. If pollution is spilled into a river and testing downstream finds contamination in, say, every 50th property, it is a reasonable and prudent assumption that the 49 in between are damaged as well.
http://www.freep.com/apps/pbcs.dll/article?AID=/20051227/OPINION01/512270301/1068
Here's what Gov. Granholm said:
"Michigan homeowners deserve protections for their investments, but changes in Michigan law that threaten the protection of public health and the environment under the guise of homeowner fairness are not acceptable," Granholm told lawmakers in her veto letter.
Now here's a true Homeowner Fairness Act -- a proposal that would criminalize as trespass the discharge of toxic chemicals such as dioxin onto the property of an unwilling party. It would read simply:
Without the permission of an owner of private property, a person shall not knowingly and willfully trespass upon said property by the release through air, water or other environmental media of a toxic chemical that contaminates the soil, biota, residence, business, water supply of said property. Any person violating this section shall be guilty of a misdemeanor and upon conviction thereof shall be punished by imprisonment in the county jail for not more than 30 days or by a fine of not more than $5000.00, or both, in the discretion of the court.
Posted by Dave at December 28, 2005 08:51 AM