ENVIRONMENTAL LAW

There are a number of different state and federal environmental laws that have been enacted through legislative action, as well as governmental agency actions. Congress has authorized many federal agencies, including the United States Environmental Protection Agency, to inspect environmental issues and enforce federal environmental regulations and laws.

Environmental law specifically refers to the body of local, state, national, and international laws and regulations governing:

Pollution;
Natural resources;
Animal rights; and
Environmental conservation.

Previously, environmental laws were largely based on nuisance principles. An example of this would be regulations addressing obnoxious smells coming from contaminated land or water. Currently, environmental laws and regulations as the environmental policy of the United States are intended to protect the environment and preserve it for the future, without "undue interference in business and commerce."

According to U.S. law, regulations and inducements are used to carry out this policy. Inducements are motivations, either positive or negative, intended to influence people and groups of people in carrying out environmental policy.

MOST SIGNIFICANT ENVIRONMENTAL LAWS

In addition to laws specifically associated with the environment, there are other laws that, while not specifically about the environment, have an impact on it. Some examples of such laws include:

The Clean Air Act: The Clean Air Act ("CAA") is a federal law regulating air emissions from stationary and mobile sources. This law authorizes the EPA to establish National Ambient Air Quality Standards ("NAAQS") in order to protect public health and public welfare, as well as to regulate emissions of hazardous air pollutants;
The Clean Water Act: The Clean Water Act ("CWA") regulates discharges of pollutants into the waters of the United States, as well as quality standards for surface waters. The foundation of the CWA was enacted in 1948, called the Federal Water Pollution Control Act; the Act was significantly reorganized and expanded in 1972. Under the CWA, the EPA has implemented pollution control programs including setting wastewater standards for industry, and developing national water quality criteria recommendations for pollutants in surface waters; and
CERCLA (Superfund-Cleanup of Contaminated Sites): A superfund site is any land in the United States that has been contaminated with such a considerable amount of waste and pollution, that the EPA has ordered the land to be cleaned as it poses a risk to human health. The Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") and the Superfund Amendments and Reauthorization Act ("SARA") give the EPA the power to assess the amount of danger that a piece of land poses to people's health.

Other examples of significant environmental laws include:

Endangered Species Act;
Energy Policy Act of 2005;
Federal Land Policy and Management Act;
Food Quality Protection Act;
National Environmental Policy Act;
National Forest Management Act;
Nuclear Waste Policy Act;
Ocean Dumping Act;
Oil Pollution Act; and
Safe Drinking Water Act.

MOST SIGNIFICANT ENVIRONMENTAL REGULATIONS

Regulations are rules made by government agencies which affect the way we address environmental policy. The most prominent environmental regulations would be those of the Environmental Protection Agency ("EPA").

The EPA is authorized by Congress to write regulations, in cooperation with the laws, which help to outline details and procedures that could be absent from the laws themselves. A variety of other agencies are responsible for regulating specific activities. An example of this would be how the United States Forest Service oversees matters relating to national forests.

Environmental laws are intended to regulate the many aspects of business and public use. The definitive concerns of environmental law include:

Air quality;
Water quality;
Waste management;
Contaminant cleanup;
Chemical safety; and
Hunting and fishing.

ENVIRONMENTAL VIOLATIONS AND ENVIRONMENTAL CONTAMINATION

Environmental violations are activities or conditions which fail to comply with environmental laws and/or regulations. Some examples of environmental violations include:

Illegal hazardous waste dumping;
Illegal pesticide use;
Burning garbage;
Improperly disposing of and removing asbestos;
Destruction of wetlands;
Unpermitted industrial activity;
Releasing particulates into the air; and
Illegal automobile emissions.

Some activities that constitute environmental emergencies include oil and chemical spills. Environmental contamination refers to the introduction of toxic substances into an environment, or chemicals or wastes in a quantity that damages the environment and renders it unsuitable for its next intended purpose.

Environmental violations are civil in nature, meaning that they are enforced through lawsuits in civil court, and not criminal court. Penalties for environmental violations are generally monetary in nature, and particularly extreme violations may result in criminal penalties.

WHAT RIGHTS DO VICTIMS OF VIOLATIONS OF ENVIRONMENTAL HARM HAVE?

Government agencies are in charge of preventing people from being harmed by violations of environmental law. However, it is not uncommon for actions of others to harm the environment and the property of someone else without violating any laws. If there is no law being broken, the government is generally powerless to stop the action, even if it is environmentally harmful.

IF THE GOVERNMENT CANNOT DO ANYTHING, WHAT CAN PRIVATE CITIZENS DO?

Just because the government is powerless does not mean there is nothing that can be done. There are a number of actions an individual can take to stop someone else from harming their land, including:

Private nuisance: Generally, this type of lawsuit can be brought when there is an interference with the use and enjoyment of one's land.
Public nuisance: This type of lawsuit can be brought when there is an interference with the common right of the general public.
Citizen suits: Many environmental laws have specific provisions that allow citizens to file lawsuits. However, before a suit can be filed, a violation of an environmental law must occur.
Public participation: speak up! If you and your community get involved and make your voices heard, it can have a great impact on getting what you want.

SUING FOR ENVIRONMENTAL HARM

Civil law remedies have been successfully applied to numerous types of environmental harms. The four traditional types of environmental civil suits are trespass, nuisance, negligence, and strict liability.

1) Trespass

Trespass is defined as a physical invasion of an owner's property that interferes with the owner's right to exclusive possession. In environmental cases, courts have found defendants liable for trespass when they have allowed polluting materials – such as ash, sewage, or garbage – to enter other people's property.

2) Nuisance

Nuisance is defined as unreasonable use of property in a way that prevents others from enjoying their own property. Examples include noxious odors, loud noises, smoke, dust, and vibrations.

3) Negligence

Negligence is the failure to exercise reasonable care to prevent foreseeable risk to others, and recovery is available when that failure causes another person physical or economic injury. Environmental negligence cases typically involve the defendant unintentionally discharging pollutants into the environment.

4) Strict Liability

Strict liability involves abnormally dangerous activities that have been allowed to continue as a matter of public policy. Those who engage in abnormally dangerous activities are always liable for any resulting harm. An abnormally dangerous activity is an activity that is inherently risky; even when everyone involved exercises reasonable care there is no way to make the activity completely safe.

HOW CAN AN ATTORNEY HELP ME WITH MY ENVIRONMENTAL CLAIM?

Environmental law is a complex and murky field. Courts don't allow claims to move forward if they feel the alleged injury is too general or speculative. An experienced government lawyer can help you make the best arguments and maximize your chances of recovering on your claim.

Whether you are a concerned citizen or a business who is seeking advice on an environmental issue, you should consult with an environmental government lawyer who can help you achieve your objectives.

Call our office today at (833) 388-7044 or complete the convenient online contact form to set up a consultation.