The Epa Will Prosecute Polluters On Behalf Of The General Public, But What If Someone Pollutes Your Land? Who Will Stop Them?
However, the law does provide a means for you to seek repayment for someone damaging the environment on your property. They are not the usual environmental laws that we have talked about. They are actually some of the oldest laws we have. As a group, they are referred to as tort law.
The first thing that you may want to consider is to hire an attorney. These situations can become very complicated because a very broad range of laws often apply, and every case has its unique characteristics. Together they can create a very complicated case.
Let`s look at a couple of examples of how tort laws may help you when environmental laws cannot! If a business next to your property vents toxic emissions, and they spread over your property damaging plant and animal life making much of your land unusable, the business owner may be guilty of trespass. This is where someone deprives you of the use or enjoyment of your property. If the business owner knew or should have known that his activity would put your land at risk, then he may be found to be negligent. If it was done with evil intent (maliciously), then the business owner may be found guilty of committing these crimes with malice! This substantially raises the seriousness of the crime, and increases the potential amount of money that you could be awarded by the court.
When your property is damaged due to someone`s pollution, you can seek restitution. However, unlike situations where there is damage to public property and environmental agencies prosecute the wrong doer, you may have to prosecute the polluter yourself. Hopefully, you will hire an attorney to do this for you!
The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.
Additional Environmental Protection Agency Articles
- What Is The National Environmental Policy Act Of 1969?
- What Is The Council On Environmental Quality?
- What Is The Federal Water Pollution Control Act?
- What Is The Safe Drinking Water Act Of 1974?
- What Is The Lead Contamination Control Act?
- What Is The Marine Protection, Research And Sanctuaries Act?
- What Is The Federal Insecticide, Fungicide And Rodenticide Act?
- What Is The Resource Conservation And Recovery Act?
- What Is The Comprehensive Environmental Response, Compensation, And Liability Act?
- What Is The Oil Pollution Act?
- What Is The Endangered Species Act?
- What Is The Wilderness Act Of 1964?
- What Is The Freedom Of Information Act?
- What Is The Occupational Safety And Health Act Of 1970 And The Occupational Safety And Health Administration?
- What Is The Clean Water Act?
- What Is The U.S. Environmental Policy Act?
- Where Can I Make An Official Complaint Against A Person Or Business That I Believe Is Illegally Polluting The Air Or Water?
- What Exactly Are The Protections Afforded To Endangered Or Threatened Species?
- Is There A Web Site Where Can I Find The Epa Air Emission Standards Or Operational Legal Limits For My Small Business?
- Where Can I Find Up-To-Date Regulations Concerning Air Quality Standards For Smog And Particulate Matter?