Unfortunately most of environmental laws are setup to protect the general public`s interests, and not that of an individual`s personal property. The law provides for the environmental agencies to stop polluters, and to make them pay for damage done to the environment in so much as it belongs to the general public.
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!
This article is intended to be helpful and informative. But even common legal matters can become complex and stressful. A qualified environmental protection agency lawyer can address your particular legal needs, explain the law, and represent you in court. Take the first step now and contact an attorney in your area from our directory to discuss your specific legal situation.