Environmental litigation can be based on any of hundreds of local, state and federal laws intended to protect the environment. It can be filed by a government agency seeking to enforce its laws; a nonprofit organization seeking to enforce the law; or individuals and companies with personal injuries or financial problems resulting from environmental contamination. Because environmental damage can be difficult to prove and expensive to repair, environmental suits are often very contentious. Among the duties of the Federal Environmental Protection Agency is administering abandoned hazardous waste sites designated as "Superfund" sites, named for the trust fund that was established in 1980 to pay for their cleanup. Because that fund has proven insufficient, litigation often arises over financial responsibility for Superfund sites’ cleanup.
Environmental Litigation Overview
The area of environmental litigation is quite broad and includes national and regional issues. Environmental coverage issues are currently being vigorously litigated in many state and federal courts throughout the country. Key governmental agencies or issues of environmental litigation areas include: Superfund liability Land use Compliance with local, state and federal environmental regulations Real estate transactions involving contaminated property Maritime pollution matters and related regulatory compliance issues Environmental liabilities in mergers and acquisitions The Clean Air Act The Oil Pollution Act The Clean Water Act The Resource Conservation and Recovery Act The National Environmental Policy Act and its implementing regulations The Safe Drinking Water Act The Small Business Regulatory Enforcement Fairness Act of 1996 The Toxic Substances Control Act The Environmental Protection Agency (EPA) is the federal agency responsible for environmental legal issues and the EPA issues requests for information about environmental matters of concern.
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Anapol Schwartz, Environmental Litigation Attorneys
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