There are federal laws that mandate that four parties can be jointly liable for cleaning up environmental contamination, such as chemical spills, including:
There are numerous federal and state environmental laws enacted in addition to government agency actions. There are also federal agencies, including the United States Environmental Protection Agency (EPA), that are authorized by Congress to inspect and enforce environmental laws and regulations.
Environmental law refers specifically to the laws and regulations that govern:
Environmental laws regulate both public and business uses. Issues of environmental law include, but are not limited to:
Although the majority of the issues above involve businesses, hunting and fishing issues involve consumers. It is important to note that dams may affect businesses if they desire to build on conservation or hunting lands or dam a body of water that would impact fish migration.
Conditions or activities that violate environmental regulations or laws constitute environmental violations. Examples of environmental violations include, but are not limited to:
Chemical and oil spills are examples of environmental emergencies. An environmental violation is civil in nature.
This means that it is enforced through a civil lawsuit and not a criminal proceeding. Typically, an environmental violation will result in a monetary penalty.
If, however, the violation is extreme, it can result in criminal charges. There are numerous agencies that enforce environmental law violations.
Some of these agencies may hold administrative hearings to determine matters of environmental violations. If an individual attempts to hide a violation, it will only lead to more serious consequences and possible criminal penalties.
Environmental contamination is the introduction of a toxic waste, chemical, or substance into the environment in a quality that damages it. It is important to note that this may include contamination that is not generally toxic, for example, salt.
This is because if salt is poured in a large enough quantity on a property, that property is rendered unusable for farming. The salt may last hundreds of years on the land and cannot be removed.
Land that environmental violations have contaminated are considered contaminated sites or properties and include:
The EPA monitors contaminates properties and sites across the country. It also oversees cleanup of those sites.
Yes, liability may be contracted to specific parties. An agreement regarding liability can be made.
However, it is not possible to completely avoid liability using a contact. In other words, environmental contamination liability may be apportioned so that one of the parties will bear the costs of the cleanup but none of the parties can shield themselves from liability completely using an agreement.
In addition, liability may be retroactively imposed if contamination is discovered at a later time.
There are several legal remedies that may be available in an environmental contamination lawsuit, including:
The business or other entity that creates the environmental contamination may be liable for any of these obligations.
The costs of removal are the expense that the business or individual as well as the federal, state, and tribal governments incur to remove the environmental toxins. The cost of removal can vary greatly, depending on issues such as:
For example, a shipwreck causing a crude oil spill will likely require an expensive cleanup and removal. In contrast, a vehicle that is carrying gasoline will be easier to clean up and, therefore, less expensive to remove.
If environmental pollution occurs, damages refers to the impact that the contamination has on the value of a property. Damages are awarded in civil lawsuits to compensate property owners for their losses.
Damages may include calculations for:
Punitive damages are additional damages that are ordered against a defendant in order to punish the business or individual for contaminating the environment and discourage future similar behavior. They can be considerably large amounts.
Yes, there may be defenses available to environmental liability. However, they are difficult to prove.
Defenses that may be presented include:
The defense of an act of a third party can only be used in very limited circumstances. This is designed to protect innocent landowners who had no reason to know about the existence of hazardous substances and made reasonable inquiries about the land.
There may be additional environmental laws that grant citizens new rights. If those rights are violated there will be new grounds of action available in addition to the conventional forms of civil litigation.
The Resource Conservation and Recovery Act (RCRA), for example, allows individuals to file a lawsuit for injunctive relief when a company manages hazardous waste in a way that endangers both human health and the environment. There is also the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), which allows individuals who incur expenses for cleaning up environmental contamination to sue the guilty parties for payment.
An environmental contamination issue can be very serious for a business, the environment, and landowners. If your business has been involved in an environmental accident, it is essential to consult with a government lawyer as soon as possible.
Environmental laws may be specific to certain regions, states, and types of industries. Your lawyer can advise you what laws will apply to your issue as well as whether you may be liable for damages or face criminal liability.
Your lawyer can also represent you if you are being investigated or prosecuted by the EPA. Having an attorney on your case can help you avoid paying unnecessary or unfair damages amounts.
In addition, your attorney can help negotiate a settlement with the aggrieved party. Your attorney can also represent you if you are required to attend an administrative hearing.
If you are a concerned citizen or business who would like advice regarding an environmental issue, a government lawyer can answer any questions you may have and advise you of the laws that apply in your area.
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