Environmental Pollution/Toxic Torts
LandownerFirm is experienced with both environmental pollution and toxic tort cases. Trae Gray became a life member of the Multi-Million Dollar Advocates Forum and is listed in their listing of The Top Trial Lawyers in America for his representation of Landowners in pollution cases.
There are an infinite amount of things that can happen to create these types of claims. A few are:
- Tanker truck rollover spills of toxic chemicals that enter the land
- Oil spills
- Saltwater spills
- Pipeline leaks
- Carbon black contamination
- Improper handling of coal
- BTEX constituents releases
Environmental pollution cases often involve violations of the common law, Clean Water Act, Clean Air Act, the Resource Conservation and Recovery Act, the Comprehensive Environmental Resource Compensation and Liability Act, among others.
Clean Water Act (CWA) - The Clean Water Act is the primary federal law in the United States governing water pollution. Enacted in 1972, the Act established the goals of eliminating releases of high amounts of toxic substances into the water in an effort to ensure that surface water would meet standards necessary for human sports and recreation.
Clean Air Act (CAA) – The Clean Air Act is the primary federal law in the United States governing air pollution. Enacted in 1970, it defines the responsibilities for protecting and improving the nation’s air quality and the stratospheric ozone layer.
Resource Conservation and Recovery Act (RCRA) - The Resource Conservation and Recovery Act was enacted in 1976. RCRA's primary goals are to protect human health and the environment from the potential hazards of waste disposal, to conserve energy and natural resources, to reduce the amount of waste generated, and to ensure that wastes are managed in an environmentally sound manner.
Comprehensive Environmental Response Compensation and Liability Act (CERCLA) - The Comprehensive Environmental Response, Compensation, and Liability Act, commonly known as Superfund, was enacted in 1980. This law created a tax on the chemical and petroleum industries and provided broad Federal authority to respond directly to releases or threatened releases of hazardous substances that may endanger public health or the environment.
A toxic tort is a particular type of personal injury lawsuit in which the plaintiff claims that exposure to a chemical caused the plaintiff’s injury or disease. These cases are typically brought as class actions lawsuits with a focus on obtaining:
- Remediation and monetary damages for property damage;
- Compensation for personal injuries; and
- Medical monitoring for individuals who have been exposed to toxic substances, but who do not yet have any symptoms.