County hires top environmental law firm to do battle with refiners over MTBE contamination

2001-09-06 / Front Page

by Leonard Greco

by Leonard Greco

The Suffolk County Legislature approved hiring the law firm of Weitz & Luxenberg to represent the county in an effort to recover millions of dollars of reimbursement associated with the cleanup costs against the manufacturers and refiners of the gasoline additive MTBE. The measure was sponsored by Leg. Maxine Postal and Cameron Alden.

The chemical has been labeled a "probable" carcinogen by the United States Environmental Protection Agency, said Postal. "Since it is water soluble, plumes of MTBE in groundwater travel faster than other components of gasoline and are far more difficult to cleanup," she said.

The Consumer Protection and Government Operations Committee and the Environmental/Land Acquisition Committee were charged by the lawmakers with the task of interviewing prospective law firms with specific expertise in handling complex environmental litigation. They interviewed eight firms and recommended three to the full legislature. Following more than an hour and a half of interview and deliberation the firm was selected.

"Each firm was impressive, however, we felt Weitz & Luxenberg’s qualifications and current status representing private well owners in 18 states in federal court made them the right choice," said Alden.

"The law firm will handle the case on a contingent basis which spares Suffolk taxpayers the cost of court costs.

During a tour of a Roslyn Filtration Plant, the nation’s top regulator maintained that Long Island faced one of the worst situations in the country regarding MTBE water pollution. At the time, the EPA Chief Carol Browner announced a $1 million grant to speed state efforts to identify and clean up spills of the strong smelling gasoline additive in the bi-county region.

"This legislation is both proactive and preventative in that it will protect the residents of Suffolk from future costs of clean up," said Alden. "Those responsible for creating this mess, will now realize we are serious about having them clean up the toxic time bomb they created."

In other business the county:

•passed legislation that will allow for the use of Greenway Fund monies to acquire from two to four parcels of land at the south east end of Unqua Place in the Village of Amityville.

The bill, sponsored by David Bishop (D-Lindenhurst) and co-sponsored by Maxine Postal (D-Amityville), had languished in the legislature for over a month prior to the August 28 vote. The acquisition already had the blessing of Amityville Mayor Peter Imbert and that of the Town of Babylon.

Under the bill, the county will negotiate with the owner of the four parcels, which total approximately two acres, to purchase the property. The

parcels would then be set aside as preserved parkland. The parcels would be given to the Village of Amityville, which would maintain and oversee usage of the site.

"We’re very happy," Bishop said regarding the bill’s approval. "(The parcels) are reasonable pieces of property that jut out into the Great South Bay and therefore offer a spectacular view. If we acquired even two of the four parcels, we could put up a gazebo and other park-like structures if we

choose. We can offer public access for people to enjoy the scenic beauty of the property."

Postal agreed, noting that the property is nearly the last of "the few remaining pieces of land overlooking the Great South Bay. The vista is unparalleled," Postal continued. "And once the property is acquired, we could convert it to a park that would be both esthetically beautiful and educational. (Over the years) people have become more sensitive to our ecology and more responsible. It’s an opportunity to make people aware of what a wonderful family place the property is."

•passed a local law to expand the regulation of dangerous dogs. The Town of Babylon passed similar legislation last month;

•tabled for more discussion a 50-foot radius smoking ban, sponsored by Leg. Angie Carpenter.

•passed a local law to strengthen and implement application of the County’s Human rights Law to Public Accommodations Employment and Housing.

Return to top