Overview of Environmental Litigation

Environmental litigation involves lawsuits related to federal or state environmental laws and regulations. For example, government environmental agencies can take enforcement action against corporations to clean up contamination and pollution. Private citizens or groups may also take environmental legal action if they meet legal standing requirements.

Federal environmental laws allow the Environmental Protection Agency (EPA) to take cost recovery actions against polluters for cleanup costs and remediation. Injunctions can also stop companies from causing further environmental damage. For more information, talk to a local environmental litigation attorney.

What Is Environmental Litigation?

Litigation is the process of resolving disputes through lawsuits and legal action. Environmental litigation refers to legal disputes involving environmental issues. When parties have a disagreement over environmental issues, they file a civil lawsuit to resolve the dispute in court.

Litigation outcomes can include compensation for personal injuries or property damage, injunctions that stop certain actions, and remediation the costs of cleaning up environmental harm.

For example, an environmental group could file a lawsuit to get an injunction to stop a company from building a power plant that would destroy natural habitats or pollute a community’s air. Likewise, a group of people could file a class action toxic tort lawsuit against polluters for injuries caused by dumping hazardous waste.

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Key Federal Environmental Protection Laws

Environmental litigation could involve local, state, and federal regulations. Some of the primary federal environmental regulations include:

• Clean Air Act (CAA). Regulates pollution, emissions, greenhouse gases, and air quality.
• Clean Water Act (CWA). Regulates water quality and pollutant discharge into surface water.
• Endangered Species Act (ESA). Governs the designation of critical habitats and the development of recovery plans to protect endangered species.
• Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA or Superfund). Addresses the cleanup and remediation of hazardous waste sites.
• National Environmental Policy Act (NEPA). Requires federal government agencies to assess the environmental effects of proposed actions.
• Resource Conservation and Recovery Act (RCRA). Regulates the disposal of solid hazardous and non-hazardous waste.

The U.S. Environmental Protection Agency (EPA) is the primary federal agency responsible for regulating and enforcing federal environmental laws.

Common Reasons for Environmental Lawsuits

Environmental lawsuits can help people injured by environmental accidents, toxic spills, and land contamination. Types of environmental lawsuits include:

• EPA enforcement actions
• Citizen suits
• Toxic torts
• Cleanup cost and remediation recovery
• CERCLA contribution litigation
• Land use and zoning litigation

Toxic torts, saving endangered species, and Superfund sites get a lot of attention in environmental matters. However, most environmental cases deal with regulatory compliance, land use and zoning, and cleanup disputes.

Who Is Liable for Environmental Damage?

Individuals with legal standing, companies, and the government can take legal action for environmental damage. Under the CAA, CWA, and RCRA, citizen suits are a way for individuals to force polluters to stop their activities and to recover civil penalties and attorney fees.

Under CERCLA and other federal laws, a Potentially Responsible Party (PRP) is potentially liable for the cleanup costs of environmental damage. These costs may include investigations, information gathering, planning a response action, administration, and litigation.

The Process of an Environmental Lawsuit

An environmental lawsuit generally begins with the filing of a complaint. The plaintiff files a complaint with the court, laying out the basis for their legal claim and their requested legal remedies. The defendant then responds with an answer responding to the complaint. The parties may dispute jurisdiction, venue, and the statute of limitations before getting into the substance of the legal claims.

After the initial pleadings, the parties exchange evidence in discovery. Discovery includes depositions, interrogatories, and requests for documents. In complex litigation, discovery can take a long time and parties may demand additional documentation or challenge claims the evidence is privileged.

Before trial, the parties generally negotiate a settlement. Most civil lawsuits never get to trial, and the parties settle the claims out of court. Settlements allow the parties to avoid the cost and time of going through a trial. Settlements also provide for a predictable outcome. If the case goes to trial, a judge or jury determines liability and damages.

After a trial verdict, the parties can appeal the decision. Appeals go to a higher court and can even go up to the Supreme Court.

When To Contact an Environmental Litigation Attorney

State and federal environmental laws hold parties accountable for damage and pollution in the air, land, and water. Individuals can file citizen suits to enforce environmental protection laws and stop further pollution.

An environmental litigation attorney can explain your legal options and identify the potentially responsible parties. Your attorney can file a lawsuit to get an injunction or recover damages. Contact an environmental litigation attorney to understand your legal options.