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The Hidden Environmental Issue: Grandfathering and Why It Matters

Published November 9, 2024

Welcome! Today, I want to shine a light on a significant yet often overlooked issue in environmental compliance: grandfathering. This term might not be on your radar, but it has important implications for how we adhere to environmental regulations. So, let me explain why it matters—even if it’s not always obvious.

To start, let’s talk about how grandfathering works in the context of municipal building codes.

What Does “Grandfathering” Mean in Building Codes?

Imagine you’re a property owner in your city’s industrial zone, and a new zoning law comes into effect. The law requires that all new buildings be set back farther from the property line—say, 10 feet more than previously required by code.

If your building was built before this law was introduced, you would likely be considered grandfathered under the old regulations. In other words, you wouldn’t have to modify your building to meet the new setback requirements, so long as you don’t plan to expand or build anything new.

This concept of grandfathering allows existing structures to stay as they are without being forced to meet every new regulation, which can be both costly and impractical. But when it comes to environmental regulations, this approach doesn’t apply.

Environmental Regulations: No Room for “Grandfathering”

Environmental regulations are fundamentally different. There is no “grandfathering” in the environmental world. This means that if new environmental regulations are introduced—whether local, state, or federal—you are required to comply with the new standards immediately, regardless of how long you’ve owned the property or what previous compliance efforts you’ve made.

For instance, if new waste discharge standards are enacted or if regulations reduce the allowable quantities of chemicals you’re permitted to store on site [during business], you’ll need to adjust to meet these new rules. The government doesn’t care how much money you’ve already spent on compliance nor how long your operation has been in place. If the regulations change, you’re expected to change with them.

Why Is This So Important?

Why doesn’t the same “grandfathering” concept apply in the environmental sector? The key reason is that environmental regulations are all about public health and safety. The standard of care is to protect the environment, human health, and the welfare of the community. Past efforts are important, but they’re not enough to protect against new risks or emerging issues.

In practical terms, that means businesses need to stay vigilant about changes in environmental laws. If your industry is affected by new rules, you may be required to invest in new technologies, update your waste management procedures, or change the chemicals you store. The consequences for non-compliance can be serious—both legally and environmentally.

Staying Informed Is Key

So, what’s the takeaway here? It’s simple: Stay informed. Keep yourself updated on local, state, and federal regulations that impact your business or property. The environmental landscape is constantly changing, and staying ahead of the curve can save you from fines, legal issues, and environmental harm.

This is Dr. Bart Sokolow, reminding you that what you did yesterday is important, but in the world of environmental law, it’s what you do today that truly counts. Let’s talk again soon.