Connecticut Water Trails Association
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Connecticut Water Trails Association |
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Connecticut Water Trails Program
Connecticut Water Bar
What Is Environmental Law ?
Environmental law is a law that was passed in the 1970, and is known as the National Environmental Policy Act. This law was passed along with another environmental act known as the Environmental Quality Improvement Act. The purpose of these laws was to protect the environment from public or private actions that could cause damage.
The mission of NEPA (National Environmental Policy
Act) is to form policies and make assessments that are all geared
towards the protection of the environment. The Act is responsible for
providing the awareness and the means to eliminate danger to the
environment and eco-system, and establishing goals and laws that will
minimize on the risk of environmental harm.
There are a number of federal environmental statutes that make up environmental law. These are all aimed at the protection of various aspects of the environment, and include:
There are many statutes and regulations that come under the umbrella of environmental law, and these are all targeted at the reduction of danger to the environment and an increase in public health and awareness. These laws are usually long and complicated for anyone not usually involved in the field of environmental law. There are laws and regulations in place to cover literally every environmental issue of potential problem.
Environmental law is a combination of three things: the first is the statute that is passed through Congress. The second is the list of regulations imposed by the Environmental Protection Agency in relation to that particular statute. And the third is the legal interpretation of these regulations by the federal courts in the event of an environmental issue or problem.
Prior to the 1970 Act, studies were carried out with regards to environmental issues but there were no mechanisms in place to actually do anything about these problems. However, as the environmental issues became worse and even the public realized the dangers of failure to protect the environment it became clear that something had to be done – and this came in the form of environmental laws.
Although environmental law has made some headway towards protecting the environment against some dangers since it was introduced, there is still much room for improvement. As more complex pollutants threaten to heart our eco-system, it is likely that this law will have to be vastly improved and amended in order to continue to provide protection to the environment and to public health.
There are a number of federal environmental statutes that make up environmental law, and these are aimed at defending and protecting particular aspects of the environment, thus also promoting public health and welfare.
As the name might suggest, the Clean Water Act is
dedicated to the defense and protection of the nation’s water. This act
is designed to ensure that the water retains the correct balance in
terms of its physical, biological and chemical make up. Permits must be
applied for under this act for any source that could be a potential
pollutant of the water. This program is overseen by the Environmental
Protection Agency.
Originally enacted in 1972, this act was originally
known as the Federal Water Pollution Control Act Amendments of 1972. It
became known simply as the Clean Water Act following amendments in 1977.
The Clean Water Act set rules and regulations to protect the waters from
pollutants and contamination as well as setting water quality standards.
Over the years, additional amendments have been made to the Clean Water Act in the hope of continually improving the protection provided through this Act. Changes have also been made to the way the Act is funded, and rather than the old municipal grants scheme it is now funded through the Clean Water State Revolving Fund.
Resource Conservation and Recovery Act
The mission of the Resource Conservation and
Recovery Act is to provide effective regulations and means to
comprehensively manage solid and hazardous waste, from generation to
disposal. These regulations must be adhered to by any person or
organization that deals with solid and hazardous waste, including the
production, transportation, storage or disposal of the waste. The
Resource Conservation and Recovery Act program is overseen by the
Environmental Protection Agency.
This Act was enacted in 1976, and was designed to
oversee the life cycle of solid and hazardous waste as well as providing
the means for its safe disposal. The Act has been amended on a number of
occasions to broaden the scope of the protection provided and to help to
male the Act more comprehensive and efficient.
The operating principles of the Resource
Conservation and Recovery Act are:
Hazardous waste under the Resource Conservation and
Recovery Act must be solid waste, and the RCRA’s definition of this type
of waste is:
“…garbage, refuse, sludge from a waste treatment
plant, water supply treatment plant, or air pollution control facility
and other discarded material, including solid, liquid, semisolid, or
contained gaseous material resulting from industrial, commercial or
mining and agricultural operations, and from community activities…”
The definition goes on to add a further description
of solid waste:
The RCRA also defines hazardous waste as:
“… a solid waste, or combination of solid wastes, which because of its quantity, concentration, or physical, chemical, or infectious characteristics may - (A) cause, or significantly contribute to an increase in mortality or an increase in serious irreversible, or incapacitating reversible, illness; or (B) pose a substantial present or potential hazard to human health or the environment when improperly treated, stored, transported, or disposed of, or otherwise managed.”
Environmental Response and Liability Act
In the event of contamination, a mechanism must be
in place to clear the contaminated site quickly and safely. And, if
there is someone responsible for this contamination then there must be a
method of ensuring that person is held accountable.
The Environmental Response and Liability Act gives
the Environmental Protection Agency the power to force responsible
parties to fund the clean up of the contaminated site or get the
responsible parties to carry out the clearance if deemed safe to do so.
However, if no responsible party is identified or is unable to fund the
clearance through bankruptcy etc. a trust fund is in place, which can be
used to fund these clean-ups.
This Act was introduced in 1980, and upon its enactment introduced a tax on chemical industries and petroleum industries. This act also provided the authority for direct federal response to the threat of contamination that could pose a risk to public health and environmental health.
I Suspect My Groundwater or Property May Be Contaminated
The Clean Water Act is the federal Act that is responsible for the quality of water and any matter relating to pollution. If you think that your groundwater may be contaminated, it is important that you report the matter to your local Environmental Government agency. It is also a good idea to contact the Environmental Protection Agency and inform them of the problem.
If you have been using the water for drinking, you
should contact your doctor for a check up and further advice, as you may
have been affected by the contamination. Seeking legal advice is also a
good idea, as this can prepare you in the event that the contaminated
water has caused any harm and you wish to seek compensation.
Contaminated groundwater can quickly become a big
problem that affects a large area, particularly if the contaminant is a
regular source. This means that it can affect the drinking water, as the
pollutant will be carried along with the groundwater to wells and
reservoirs that are for drinking water purposes. Because it is difficult
to identify when groundwater is contaminates, it can be difficult to
rectify the problem. Treatments for groundwater contamination entail
either destroying the contaminants in the water, or bringing them to the
surface in order to remove them.
Drinking contaminated water can pose a variety of risks. If the water is polluted with chemical such as solvents, pesticides and other chemicals, the health effects can include damage to the liver, kidneys, and reproductive system. Cancer is also a risk in these circumstances. Those that already have a weak immune system are particularly susceptible to the effects of contaminated drinking water.
If you suspect that the groundwater may be contaminated and that your drinking water may be affected, it is vital that you stop drinking that water and seek assistance immediately. Let the relevant agencies know so that other people can also be protected from the potential dangers. Until the problem has been resolved, stick to distilled and bottled water.
If you feel that your property has been affected by contamination in any way, make sure you contact the environmental agency closest to you. They will need to carry out investigations and work towards rectifying the problem. You may also be entitled to seek damages depending upon the source of contamination, which is where legal assistance will come in useful. And, whether or not you are feeling unwell, always get yourself checked over by the doctor to be on the safe side.
Environmental Law: What Kinds of Claims Can Be Brought?
Under state common law there are a number of claims
that can be brought for environmental damage, harm or injury, and these
come under a selection of distinct categories. The four categories under
which a claim can be brought (in accordance with state common law) are
outlined below, and include:
Environmental Law: Claims Overview
This type of environmental damage or harm entails the interference with your quality of life and the enjoyment of your own property due to the actions of a third party. This could through means such as rubbish dumping, excessive noise nuisance, odor nuisance and other actions that can adversely affect the way that you use and enjoy your own property. The damages awarded in this type of lawsuit can include damages for loss of value of the property due to the nuisance, damages for personal injury or harm, and damages for loss of use and enjoyment of your property.
This type of environmental damage or harm entails
the invasion or contamination of your property by the third party.
Whether the third party physically invades your property or takes action
that could be construed as contamination and invasion (such as rubbish
dumping on your property) this would all come under the umbrella of
trespass law. Damages for trespass includes the recover of either the
market value of the property or the clean up of the pollution. This can
differ from state-to-state, and some states will award the cheaper of
the two options whereas others will award clean up costs regardless.
This type of environmental damage or harm entails the use of a hazardous substance by a third party, which has caused harm or damage to you or your property. Strict liability does not take in to consideration why the substance was used and does not take ignorance as an excuse. Whether or not the third party intended to cause damage to another’s property is irrelevant, and the third party will till be held accountable. Damages are usually calculated in accordance with the cost of retuning the property to its former state before the contaminant was released.
This type of environmental damage or harm entails
damage or injury to you or your property through contamination caused by
the actions of a third party. Whether it was action or lack of action
from the third party that caused your exposure, injury or damage, you
can still bring a claim. However, this is if the third party used the
contaminating substance in what is deemed an unreasonable manner.
Damages can include compensation for clearing the contamination,
damages, decreased property values and personal injury.
What Kind Of Legal Action Can Be Taken By An Individual For Environmental Harm?
Environmental harm can come from a variety of
hazardous substances and through a range of circumstances. Environmental
harm can cover a number of situations, from the pollution of the air or
water in a particular area to noise nuisance or trespassing caused by a
third party. The action that could be taken by an individual would
depend largely upon the circumstances and the nature of the
environmental harm.
If the environmental harm entails environmental
contamination, such as water or air pollution, then a citizen’s suit my
be filed by an individual under federal environmental statutes. This
suit would be brought to prohibit the source responsible for the cause
of the pollution from continuing to pollute the water or air. It may be
that action is already being taken against the polluter by the
government, in which case you would not need to file a citizen’s suit.
The type of action that can be taken by an
individual would also depend upon the extent of harm or damage caused by
the environmental pollution. If the pollution had not only affected the
area in general but had also caused personal damage or harm to the
individual or his property, the individual can also file a lawsuit for
compensation for the damage or injury caused by the perpetrator. This
lawsuit would be filed in accordance with state common law regulations.
There are a number of ways in which an individual may experience harm, injury or damage from environmental violations, and would therefore be entitled to file a lawsuit in accordance with state common law for compensation against the harm and damages. One of the reasons that may warrant a lawsuit for damages could be nuisance. If a third party mars your enjoyment of your own property through their actions, such as through noise, rubbish, etc. you could file for damages.
Trespassing is another form of harm for which you
could file a damages lawsuit under state common law, and this is if a
third party invades or contaminates your home through their actions.
However, damages for this type of action are usually calculated in terms
of the cost required to clean up your property and return it to its
former state prior to the contamination.
Other action that can be pursued through state
common law includes that for negligence and strict liability. Strict
liability is where a third party may be held responsible for the use of
a hazardous substance that has contaminated your property in any way,
even if this contamination was unintentional. With negligence, a third
party can be sued for causing contamination through their actions or
apathy.
If you feel that you have cause to lodge either a citizen’s suit or a common law suit for environmental harm and contamination, you should contact an environmental lawyer for advice as soon as possible. There may be limitations on the time you have to pursue your case, known as statutes of limitation, and it is therefore essential that you take action quickly in order to purse your case successfully.
What Must Be Done To Force A Cleanup Or Recover For Environmental Damages?
When contamination of any particular site has been
identified, it is possible for an individual to file a citizen’s suit
under federal environmental statutes. However, before anything can
actually be done the perpetrator of the pollution has to be identified,
and this can be a long and expensive process. However, the government
may already have identified the responsible parties by the time the
individual files a citizen’s suit, and if the government are already
taking action, then there is no need to file a suit.
Once the responsible parties have been identified,
the government (Environmental Protection) can take action to either
recoup the cost of the clean up from them or to demand that they deal
with the clean up of the contamination. However, in the case that the
responsible party cannot be identified or has gone bankrupt, there is a
trust fund in place that is used to bear the costs of environmental
contamination clean up.
It is everyone’s responsibility to look after the
environment, even though the rules and regulations are put in place by
the government. Therefore, it is vital that you report the matter if you
become aware of any contamination or pollution. Even if you think it may
already have been reported it is always vest to report it just in case.
Early action from those that are aware of contamination means that
action can be taken far earlier to initiate the clean up and there is a
better chance of the culprits being identified and the costs being
recovered.
The process of identifying and suing the parties responsible for contamination can be lengthy, and it may need an independent investigation and a variety of tests before any identification is made and any legal action can be taken. Of course, there is a chance that the culprit will never be identified. However, the government will still take the necessary measures to clean up the area or site with immediate effect, and will then later recoup the costs if and when the person or persons responsible come to light.
Over recent years, public awareness about environmental health problems, contamination and pollution has increased considerably. As much of the civilised world as adopted a ‘green’ attitude, it has become all too clear that the planet is rife with pollutants and hazards that need to be dealt with. And although measures have been, and still are being taken, for many people and areas the damage has already been done.
This raised awareness of environmental dangers and
health also made people realise that there were environmental lawyers on
hand to help them in the case of damage or injury caused by polluters.
Litigation covered by environmental lawyers can include toxic torts,
environmental issues and chemical contamination.
Toxic litigation cases are designed to fight for
people who have been injured or affected through environmental
contamination. This litigation, known as toxic tort cases, can involve
and individual, a group or family, or even a whole community. The nature
of toxic contamination means that there is a good chance that the toxins
and pollutants will affect everyone within a certain area, and therefore
they are all eligible to file a toxic tort lawsuit.
Legal representation in the case of toxic torts can
enable both individuals and groups to seek compensation from the
manufacturers or the parties responsible for the pollution that caused
the toxic effect. These chemicals and pollutants are often deadly, and
it is therefore deemed only right that the people responsible for the
contamination are made to pay for the damage caused.
One of the most common forms of toxic tort
contamination is groundwater pollution. This could be through a number
of harmful contaminants such as chromium, mercury, benzene, pesticides
and other toxins. Your environmental lawyer would have to carry out
thorough research to show that the damage or injury was caused
intentionally or through negligence or carelessness. It is therefore
advisable to contact an environmental lawyer as early as possible should
you feel that you are entitled to file for compensation
Also, some states may have statutes of limitation,
which can vary depending upon which state you are filing your case in.
Again, this is a reason to seek legal assistance as early as possible to
increase your chances of success. Your lawyer will then have the time to
do the necessary research in order to put together as watertight a case
as possible.
Whether the contamination has adversely affected the people or the environment in which they live, it is always worth seeking legal advice. Environmental lawyers are experienced professionals that are able to help individuals, families and communities get some form of compensation for environmental contamination if the pollution resulted from intention, negligence or lack of care.
Why You Should
Hire An Environmental Lawyer
In today’s word, the environment is rife with
pollutants, and despite the best efforts of the various environmental
health agencies, many people are affected by toxins and contamination
every year. The various pollutants that contaminate our world can have a
range of harmful effects, including chronic and even fatal effects.
It is important that you seek legal assistance as soon as possible when you realize that you or your property has been affected by environmental contamination. Thorough research is required in order to put forward a case with potential, and an environmental lawyer is the person to do this, however this may take time and this is one of the reasons that you need to seek assistance early one.
The type of pollutants that may have caused harm or damage to you or your property include asbestos, lead, toxic mold and a variety of other toxic substances that can cause a great deal of harm to your health and living environment. However, you may also be seeking damages from another party for nuisance and trespass, which also come under the environmental law umbrella. Whatever the circumstances, an environmental lawyer will be able to offer advice on the likelihood of success, and can guide you through the process step by step.
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