At Gilde Law Firm, we care about the environment. As a business, we try to reduce our footprint on material usage, energy consumption, and waste. Unfortunately, these efforts take time and money. Even more unfortunate, other businesses do not take the same level of care and do not act as proper stewards of the environment.
Gilde Law firm handles cases involving ground water pollution, aquifer pollution, air pollution, soil pollution, noise pollution, light pollution, nuisance, and trespass on behalf of individuals, group property owners, and municipalities.
Theories of Law
In these lawsuits, we typically allege theories of strict liability, negligence, public and private nuisance, trespass, and fraud. The damages sought by the plaintiffs may include compensatory damages, in the form of diminution of property value, punitive damages, and the cost of monitoring their individual health into the future.
Various laws, both federal and state, are available on the issue of Environmental Damage, which include the following:
The National Environmental Policy Act (NEPA) was enacted in 1969 along with the Environmental Quality Improvement Act, the National 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 account of costs or harms inflicted on the eco-system. The EPA is supposed to monitor and analyze the environment, conduct research, and work closely with state and local governments to devise pollution control policies. In addition, the Resource Conservation and Recovery Act (RCRA) is designed to prevent pollution and uses a manifest system to ensure that waste is properly disposed of, and thus not dumped into the environment.
The Comprehensive Environmental Response Compensation and Liability Act (CERCLA) is also known as the “Superfund Act,” which statute is aimed at cleaning up already polluted areas and is designed to provide funding for clean up. The Clean Air Act (CAA) is designed to protect air quality by regulating stationary and mobile sources of pollution. And, the Clean Water Act (CWA) protects water by preventing discharge of pollutants into navigable waters from point sources. Some of these federal laws are available for private action – lawsuits by you to ensure and enforce recovery and compliance.
States may enact laws and statutes that are as strong as or stronger than federal laws on environmental damage. State laws and statutes may allow adversely affected property owners to seek a judicial remedy for environmental harms, and state laws may be used together with federal laws, as set forth above.
Common law just means judge made law (also known as case law or precedent). Common law protections allow a landowner whose land is being polluted to sue the polluter. A landowner may sue under various theories including trespass (a physical invasion of the property) and/or nuisance (an interference with the landowner’s use and enjoyment of her property).
Combined, these theories of law (e.g. strict liability, negligence, public and private nuisance, trespass, and fraud) together with federal law, state law, and common law provide a basis for your recovery when big companies pollute you, your loved ones, and your property. Gilde Law Firm handles Environmental Damage cases dealing with the following:
We Believe: We believe that our environment is a shared resource – not solely belonging to big industry polluters. We believe in this litigation, and we believe you.
We Fight: Litigation against industrial polluters is extremely challenging and adversarial. Gilde Law Firm knows how to fight for your interests and for the environment.
We Win: We will work to obtain full and fair compensation for the illnesses, injuries, and property damages you have suffered as a result of environmental damage.
Contact an experienced Environmental Lawyer. Time is of the essence. Don’t delay – contact us today.