What federal laws control what business and government agencies can do?
What actions can be taken against someone accused of environmental damage?
What types of environmental cases does Belt Law Firm handle?
I suspect a business is dumping environmental waste into a stream. What can I do?
How long do I have to bring an environmental claim?
What is environmental law?
Environmental law is concerned with balancing environmental
concerns of the public generally, with the rights of property
owners (individual, business and governmental) to develop and
use their property. It consists of federal and state statutes,
regulations, and case law relating to the prevention and cleanup
of contamination of the environment, including the ground,
water, and air, by chemicals, hazardous wastes, and other
pollutants. It is reflected both in explicit environmental laws
and other statutes and regulations, such as local building
codes, zoning ordinances, condemnation policies and land use
restrictions. State and local environmental laws reflect local
policy and priorities, which vary from place to place, resulting
in conflicts between localities on environmental laws,
enforcement and compliance.
What federal laws control what business and government
agencies can do?
There are many. Here are the top three:
What actions can be taken against someone accused of
environmental damage?
Under several federal environmental statutes, including the
Clean Water Act (CWA), the Clean Air Act (CAA), the Resource
Conservation and Recovery Act (RCRA), and the Comprehensive
Environmental Response and Liability Act (CERCLA), among others,
an individual may bring a citizen suit to force the cleanup of
environmental contamination. These lawsuits are brought on
behalf of the government and are limited to enforcement of
either state or federal environmental laws or regulations. Also,
individuals may file lawsuits to obtain compensation for damage
caused by environmental contamination to their property or for
personal injury under the state common law. For example, an
individual whose private property has been affected by the
release or discharge of toxic chemicals from a manufacturing or
other business concern may have recourse, not only by a citizen
suit under federal law to force a cleanup, but can also under
state common law bring a claim to recover for property damage,
bodily harm, or personal injury caused by the contamination.
What types of environmental cases does Belt Law Firm handle?
I suspect a business is dumping environmental waste into a
stream. What can I do?
You must first identify the part or parties responsible for the
contamination must be identified before a lawsuit can be brought
for environmental damage. There are a lot of steps in this
process, so you will want to consult with a qualified
environmental law firm. Often the federal or state governmental
agency in charge of environmental enforcement will have
identified parties potentially responsible for the contamination
problem.
How long do I have to bring an environmental claim?
All states have statutes of limitation which specify how long a
person has to bring a claim for personal injury or property
damage before it is time-barred. Given the length of time that
can pass from the time a pollutant is put into the environment
and when it is discovered, it is often very difficult to
determine when a claim for contamination must be filed in order
to be within the limitations period.
