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Without Enforcement, There is No Law

From: Barbara Baggerman
To: info@green-law.org
Cc: Charlotte Gillis, mnorwood@atlantaga.gov
Subject: Environmental Heroes Celebration
Date: Wed, 13 Aug 2008 17:56:21 +0000

Dear GreenLaw,

Why is Shirley Franklin being honored as an environmental hero when her administration has become increasingly corrupt in terms of lack of enforcement of tree ordinances, stream buffer requirements, etc?

Developers hire lawyers to find loopholes, demand variances to laws, and threaten lawsuits based on "economic hardship" if they are not accommodated, so city and county officials cave to their demands. Or they routinely break the laws and then blithely pay the (obviously inadequate) fines as a cost of business.

Community groups protest, but their requests for enforcement are dismissed unless they have the money to also hire lawyers, which most don't, because they are volunteer organizations and are working for free.

It is increasingly impossible to get any action out of city or county government without a lawyer, so the average citizens trying to look out for their communities are helpless.

If GreenLaw is truly interested in enforcement of environmental law, they will create a mechanism for community groups to obtain legal assistance without charge (either through pro bono work or setting up some kind of foundation for funding). Legal assistance is desperately needed and can't come too soon.

Current environmental laws are not being enforced. Trees are illegally cut. Stream buffer variances are granted. Storm water runoff damage is not rectified.

In DeKalb County, the Planning Director is allowed to issue development variances at will, with no public notification or input, no sign postings, nothing. This is not a democracy; it's a dictatorship. Will GreenLaw look into this and work to get this loophole closed?

Most of all, will GreenLaw find ways to provide legal assistance to community groups at no charge? Without enforcement, there is no law.

Thank you for your consideration,

Barbara Baggerman
President, Rock Creek Watershed Alliance

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