October 20, 2011 -
Green Buildings
After 20 years of being a leader, pioneer and principal in the environmental industry, working with clients from every aspect of our society, I can honestly share one thing about environmental matters for certain, times have changed!
When I began my career, laptops were mostly for large companies and just entering the consumer market, the Internet craze was just ready to kick off, then I saw Wall Street get hot and then housing and after 20 years in the environmental industry, I now see the environmental industry as being a hot one!
Why you ask, because, times have changed! Environmental regulations are cumbersome and highly litigious, because the media loves to play on the fears of people, (Danger, Environmental Hazard - headline coupled with - Hot off the press), and because of the availability of the Internet and people believe they can become subject matter experts within minutes of a Google search. Times have changed, because we truly have done more damage to mother earth and we must protect the remainder of our existence for our benefit and our children after us. Times have changed because the current economic condition of society is so depressed; a substantial larger than normal burden of a sense of entitlement exists in society today. Times have changed because science and medicine has gotten substantially better and more precise in causations and identification of environmental concerns. Times have changed because of the size and disfunctionality of many of our governmental systems/programs, because many environmental insurance and financial programs exclude environmental concerns unless specifically requested and paid for, whereby all too often leaving behind a liability for society to bear. But the single biggest reason in my 20-year opinion is the unfortunate reality; of costly, timely and mostly unnecessary litigation, not too mention, frivolous all too frequently as well.
So after 20 years of running an environmental company, LEW Corp., working with our governmental partners, assisting clients all across the country, participating on numerous panels, associations, boards, these are not the times to play ostrich and put your head in the sand! The risk has become too great and I will assure you it will be a costly and bad bet should you be dragged into an enforcement action or worse yet, litigation. I have 20 years of war stories and documented proof! As litigation will rise, enforcement will also rise, which in turn will create more media hype. Which unfortunately stimulate the self fulfilling prophecy, "perception becomes reality." So if I can offer my best strategic positioning moving forward to minimize risk, is to align yourself and business with a property-oriented environmental entity, that has the experience, expertise, resources, relationships, insurances, and most importantly a reputation that you can trust! Trust to a point that you consider them a partner of yours! The environmental rules are incredible cumbersome, layers on top of layers, the government potentially in a bad economic client will increase enforcement actions and unfortunately until we have litigation reform, litigation will likely rise. Whether it's your clients, residents, occupants or even employees, I strongly believe the probability of environ litigation or violation will increase into the future.
To summarize, until the current status of society cools down or substantial change occurs being proactive vs. reactive will realize substantial costs savings, and if not already established, building a strong relationship with an environmental professional that you can trust (unconditional trust orientation) is going to be a critical part of the best defense is a strong offense risk mitigation philosophy and you, your company and families success thru these challenging times!
Lee Wasserman is president of LEW Corporation, Mountainside, N.J.