RE: [CPEO-MEF] The Guardian Trust Pilot Study

[danalper@earthlink.net]

Lenny-

As one of the creators of The Guardian Trust, I would like to reinforce
that the Pilot Study done in Pennsylvania was indeed more of a
Feasibility Study than a pilot.  Much of the complexities that arise
from a single purpose stewardship entity relate to state laws and the
basis of a liability neutral entity (at least at the inception of an
assumption) to obtain and enforce legal rights that would enable it to
fulfill its mandate.

The Guardian Trust, as originally conceived, is a state program to pool
these responsibilities in a single entity.  Based upon research we have
been conducting in other states, it is currently unclear what exact
oversight
responsibilities are required with respect to ICs and ECs and how those
oversight responsibilities are allocated between environmental
regulators and remediators.  This is a fast moving area of environmental
regulation and in an increasing number of states (like California and
Arizona), progress in defining these relative continuing
responsibilities is being made. However, it is clear to me that even if
states do not adopt a pooled approach to these long-term "tail"
responsibilities, they will still have to address them in more
specificity than is currently available.

If anyone would like more information about The Guardian Trust program
or other approaches to long term stewardship, please feel free to
contact me or Bruce.

Daniel A. Alper
Managing Partner
MGP Environmental Partners, LLC
One Dock Street, Suite 406
Stamford, Connecticut 06902
Tel. (203) 399-6628
Fax  (203) 973-1356
email: danalper@email.com

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