Penni Livingston
2 min readJan 17, 2020

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This is the challenge of our time. I sued Exxon for its coal waste left behind in Illinois when IEPA and DNR gave them a pass. $60,000 and at least 1000 hours of my time uncompensated time later- I lost in the Illinois Supreme Court.

Citizens Opposing Pollution v. ExxonMobil Coal USA on the Illinois Supreme Court website if you want to see how a high court can read the law right out of the law to help this industry. I sued Secretary Jewell to pull the Illinois program so I could get federal jurisdiction to enforce and that did not work either. Coal is protected at all costs in Illinois whether one is in the State Court system or the Federal and I even really liked my Federal Judge who never even gave us a hearing as he ruled against us.

If this industry does not even have to clean up their production waste, how will we get their products out of the market through any kind of enforcement of law? This has to be done economically too. My masters thesis in 1986 was on charging to pollute- innovative economic devices versus command and control regulation.

Anyway, I appreciate this article and if it had let me, I would have given more than 50 claps. This is the issue that flavors all other issues. I have known all my life ergo the efforts I personally took to become an environmental lawyer and to then enforce environmental protection laws for over 30 years now.

This is the kind of commitment we need from our citizens within the democracy. We have to see the threat and use our actions to curb it.

Your ideas are well thought out and good here. What it will take is at least 51% of us and it will take innovation and acceptance of it. Thanks again.

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Penni Livingston
Penni Livingston

Written by Penni Livingston

Penni Livingston is the Lorax Lawyer, retiring from active practice to write about three decades on the front line of bringing about justice by suing polluters.

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