Other Directories

The National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality Improvement Act, the Environmental Education Act, and the Environmental Protection Agency (EPA). The main objective of these federal enactments was to assure that the environment be protected against both public and private actions that failed to take into account the costs or harms inflicted on the eco-system.

What is the difference between EPA and NEPA?

The EPA is charged with monitoring and analyzing the environment, conducting research, and working closely with state and local governments to devise pollution control policies. The role of NEPA is to force governmental agencies to consider the effects on the environment of their decisions.

What is a “citizen suit”?

An individual may file a "citizen suit" to force the cleanup of environmental contamination under several federal environmental statutes, including the Clean Water Act (CWA), the Clean Air Act (CAA), the Resource Conservation and Recovery Act (RCRA), and the Comprehensive Environmental Response and Liability Act (CERCLA), among others. These lawsuits are brought on behalf of the government and are limited to enforcement of either state or federal environmental laws or regulations. For example, a citizen suit may be brought under the Clean Air Act to stop a polluter from illegally discharging hazardous fumes into the atmosphere.

What is state common law?

Environmental lawsuits can be filed under the state common law for damages to person or property that resulted from contamination of water, land or air, or from exposure to harmful substances. For example, someone whose well water has been contaminated by runoff of toxic chemicals from a nearby paint factory may have recourse not only by a citizen suit under federal law to force a cleanup, but also under state common law. Private individuals can bring a claim to recover for property damage, bodily harm, or personal injury caused by the contamination.

What kinds of claims can be brought under the common law?

Most individual lawsuits for environmental harm caused by a third party are brought pursuant to state common law and include claims seeking recovery for damages to property, for personal injury, or bodily harm. Such lawsuits are often based upon several theories of liability, including nuisance, trespass, negligence and/or strict liability.

How much time do I have to file a claim?

The statutes of limitations vary by state. The length of time that can pass from when a pollutant is put into the environment and when it is discovered can be a matter of days, or decades. Some states allow for latent “discovery” of contamination beyond the expiration of the statute. Other states would bar claims based on undiscovered releases of hazardous substances into the environment that occurred years ago, because the ordinary statute of limitations for injury to person or property would have expired.

There is a spill, leak or other environmental emergency in my neighborhood. Whom should I contact?

The Environmental Protection Agency (EPA) handles these situations and has national numbers to call for chemical and oil spills. To report environmental violations, go to www.epa.gov/epahome/violations.htm and obtain the phone numbers for the regional offices to contact.

I would like to get my water tested for contaminants. Who can do this for me?

Some local health departments test private water for free. Phone numbers for your local, county or state health department are available under the "health" or "government" listings in your phone book. The EPA also lists state certified laboratories.

Once a source is isolated, what can be done?

Depending on the wrongdoer and their financial resources, the pollutants can often be removed through a remediation program (where the pollutants are removed from soil and groundwater to levels that are considered safe by the governmental environmental agencies). In addition, the landowner can be compensated for the diminution in the value of their property as a result of the contamination. Often the property will continue to have damages based on the “stigma” associated with the fact it was contaminated, or associated with, a contaminated site for which compensation can be awarded.

How long does it take to prosecute an environmental law action?

Environmental law cases often involve complex legal and scientific issues and can take several years to work their way through the courts. Because of the complex nature of contamination problems, expert consultants in environmental science, geology, hydrology, or related fields are often required. The investigations of these experts are often time-consuming.