Environmental Hazard:

Legal Actions for Environmental Harm

Environmental harm can come from a variety of hazardous substances and through an assortment of circumstances.  Environmental harm can cover a number of situations, from the pollution of the air or water in a particular area to noise nuisance or trespassing caused by a third party. The action that could be taken by an individual would depend largely on the circumstances and the nature of the environmental harm.

If the environmental harm entails environmental contamination, such as water or air pollution, then a citizen’s suit my be filed by a person under federal environmental statutes. This suit would be brought to prohibit the source responsible for the cause of the pollution from continuing to pollute the water or air. If action is already being taken against the polluter by the government, you would not need to file a citizen’s suit.

The type of action that can be taken by an individual would also depend upon the extent of harm or damage caused by the environmental pollution. If the pollution had not only affected the area in general but had also caused personal damage or harm to a person individual or his or her property, that person may also file a lawsuit for compensation for the damage or injury caused by the polluter. This lawsuit would be filed according to state common law regulations.

If you feel that you have an environmental harm case, it is important to note that there may be limitations on the time you have to pursue a case, so you must take action quickly.