Honest Representation
Practical Solutions

Brent D. Ratchford photo

Who can bring an environmental justice claim?

On Behalf of | Aug 12, 2022 | Environmental Law |

Should your business fail to comply with environmental justice laws, you maintain liability for any resulting injustices.

There are many issues that could develop into an environmental justice claim, such as water or air pollution, toxic chemical exposure, toxic waste or zoning laws that unfairly disadvantage minority communities. Standing law violations, when reported, could lead to lawsuits and serious consequences.

Filing a claim

Anyone who suffers injury or harm from an environmental injustice can legally file a claim against the organization or person responsible for the injustice in either federal or state court. The type of situation determines whether the lawsuit classifies as a criminal or civil claim. Criminal charges come from federal organizations that investigate reports of injustice, and though the organization faces a consequence, the punishment may not be of any help to the victims of the crime.

Receiving retribution or compensation

A civil environmental claim allows the victims to pursue retribution or compensation for the harm or damage suffered on account of an organization’s failure to follow environmental laws. This person must demonstrate a direct impact from the actions substantiating the claim. The verdict of the court can award the victim monetary compensation or it could find there is not enough evidence to support the claim.

An environmental justice claim is similar to the other liability claims brought against an organization or business, although there is the burden of dealing with both criminal charges as well as civil suits. Compliance is an important part of safeguarding your business from these types of claims.