How Long Do I Have To File My Environmental Complaint?

Everyone has a right to clean air, safe water, and healthy soil. Environmental laws give people and organizations the power to report environmental violations and demand accountability.

Knowing how and when to file an environmental complaint can protect public health and hold violators accountable. For legal help with environmental claims, reach out to an experienced environmental lawyer.

What Are Environmental Complaints?

The purpose of an environment complaint is to alert authorities about potential threats to public health, natural resources, or the environment. Once the government agency is on notice of a potential or suspected environmental violation, it will investigate and apply corrective measures or legal action.

Private citizens, employees, advocacy organizations, businesses, and local government can file a complaint. There is no requirement that the filer be directly harmed. While anonymous complaints are often allowed, remaining anonymous can make investigations more difficult because it limits follow-up communications.

Common reasons for filing an environmental complaint include air pollution, water pollution, illegal dumping, chemical release, hazardous waste disposal, or wetlands destruction.

Reporting as soon as possible is essential. Early reporting helps preserve evidence and enables environmental agencies to address the issues before damages escalate. There are also statutes of limitations that can limit enforcement and civil lawsuits.

Time Limits for Filing an Environmental Lawsuit

A statute of limitations is a legal deadline on how long someone can file an environmental lawsuit. Miss the deadline and you’re barred from pursuing a claim.

Acting quickly is imperative. Some situations require an emergency response to limit ongoing damage to public health. In addition, waiting can make it harder to gather evidence, undermining your claim’s credibility.

Each federal environmental law has a statute of limitations:

• The Clean Water Act (CWA). Violations under the CWA must be initiated within five years and require a 60-day notice of intent before filing.
• The Clean Air Act (CAA). The CAA has a time limit of five years for civil filings. Criminal filings under the act have different statutes of limitations depending on the crime being prosecuted.
• The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA/Superfund). This law has a complex set of regulations and statutes of limitations. Speaking with a lawyer can provide valuable guidance on the applicable time limit based on the claim type. Time limits can range from three to six years.
• The Resource Conservation and Recovery Act (RCRA). RCRA has a standard five-year limit for the majority of enforcement actions.

In additional to federal laws, many states have environmental laws that address the state’s unique needs and expand on federal protections. The U.S. Environmental Protection Agency (EPA) gives states regulatory power. State filing deadlines range from shorter to longer than the federal laws. Speaking with a lawyer can give insight into the state’s applicable laws.

Types of Environmental Violations

Federal and state regulatory agencies aim to protect a range of environmental habitats. The type of environmental violation will determine which law governs holding the offending party accountable.

Air Pollution and Emissions Violations

The Clean Air Act (CAA) governs air and emissions violations. It regulates emissions of hazardous pollutants from stationary and mobile sources. Everything from vehicles to factories must comply.

Violating the CAA could be exceeding permitted emissions limits, failing to install or maintain pollution control mechanisms, or releasing toxins without required reporting.

Water Contamination and Illegal Discharge

Bodies of water are protected by the Clean Water Act (CWA) and the Safe Drinking Water Act (SDWA).

The CWA regulates the discharge of pollutants into U.S. waters through the National Pollutant Discharge Elimination System (NPDES). Violations of the CWA include discharging wastewater or chemicals without a permit, failing to report spills, or tampering with monitoring equipment or discharge reports.

The SDWA protects against public drinking water contamination. A violation would include failure to meet drinking water standards or make the necessary notification of drinking water pollution.

Soil Pollution and Hazardous Waste Disposal

The Resource Conservation and Recovery Act (RCRA) and Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) protect against soil pollution and hazardous waste disposal.

Protecting against soil contamination is crucial because the toxins can seep into groundwater and poison wildlife and drinking water. Federal and state laws govern the handling, transporting, storing, and disposing hazardous material.

Common violations include illegal dumping, operating without a permit, and failure to follow proper processes. Well-known soil contamination issues involve pesticides getting into the ground. Asbestos is a dangerous material that is well-known for being a threat to public health. This has led to strict regulation of its handling and disposal.

Protected Land or Wildlife

Wetlands, marshes, swamps, bogs, and fens are all protected lands that have rich ecosystems. Several laws protect wildlife and their natural habitats:

1. Endangered Species Act (ESA)
2. National Environmental Policy Act (NEPA)
3. Federal Land Policy and Management Act (FLPMA)

Common violations of these laws include unauthorized development, harm, harassment, mining, grazing, or recreational misuse. Harassing or harming the wildlife that lives on these lands is also a violation.

Noise, Odor, or Nuisances

Some cities and municipalities recognize noise and order pollution and have regulations to limit their nuisance. State environmental agencies often handle these complaints directly through public nuisance statutes or health codes.

Although typically regulated locally, complaints may escalate if related to violations under the CAA, CWA, or RCRA.

Submitting an Environmental Complaint

If an individual or entity wants to file a complaint about an environmental issue, the first step is determining the right agency with whom to file the complaint. An attorney can help with choosing the right agency by evaluating the nature of the complaint, the location of the violation, and related circumstances.

Your local or county department could be appropriate if the complaint is about noise, odors, or local water concerns. Your state agency or regional offices enforce both state and federal laws under delegated authority from the EPA. Federal agencies such as the U.S. Environmental Protection Agency (EPA) handle large-scale or multi-state violations.

The method for submitting an environmental complaint can vary based on the agency. Many agencies have an online complaint form webpage. Others have a hotline that you can call. Some may also accept mailed written complaints or email submission. The more information included in the complaint, the greater the likelihood of an effective investigation:

• Contact information of involved parties
• Location of violation
• Date and times of violation
• Description of activities
• Photos, videos, or logs

What Happens After Your Environmental Complaint Is Received

After you submit your complaint, the receiving agency will acknowledge receipt of the complaint. Depending on the agency, a confirmation number will be provided. Agencies prioritize complaints based on:

• Severity
• Public health risk
• Evidence provided

Updates are not always shared due to confidentiality or ongoing investigations, but complainants may follow up.

While the process can vary between agencies, there is a general process that is followed. The agency will review the submitted complaint for completeness and jurisdiction. It will assign a case number and investigator. The investigator may contact the individual who submitted the complaint for a follow-up. They will conduct a field investigation and may coordinate with other agencies for cross-jurisdictional or criminal matters may be necessary.

In the end, there could be no action due to insufficient evidence or no oversight jurisdiction. It could be determined that there is no violation or compliance issue. Alternatively, there could be financial penalties or cleanup mandates if there is an issue. The matter could be referred to state or federal prosecutors if there is suspected criminal activity.

Legal Remedies for Environmental Violations

Several legal remedies are available if environmental laws are violated, including civil or criminal penalties:

• Civil penalties. Fines and administrative actions to motivate violators to comply with the law.
• Criminal charges. These apply to willful or negligent misconduct. The U.S. Department of Justice Environmental Crimes Section typically enforces criminal charges.
• Injunctive relief. A common relief for environmental violations. It is a court-ordered requirement to take specific action or stop an action. Orders for cleanup actions are made under the CERCLA or similar laws. There can also be long-term monitoring of restoration efforts.
• Class action lawsuit. This could be appropriate if the environmental harm negatively impacts a large group of people or causes widespread harm. Common examples of this include groundwater contamination or toxic chemical exposure.

Find Legal Help

Protecting the environment starts with holding violators accountable. An experienced attorney can provide help. Use the Super Lawyers directory to find an environmental attorney to assist with your complaint or lawsuit.