Federal, state, and local environmental regulations exist to protect the environment and people. Whether you are an individual or an organization, you must abide by relevant and applicable environmental regulations or face consequences. Unfortunately, these laws are layered and complex. Violations can occur via no intention on your part, but you can still be held to account for it – typically you can be held civilly liable for negligence and criminally culpable for a degree of intentional misconduct. Penalties range anywhere from a warning to incarceration.
At Polishan Solfanelli, our environmental litigation attorney in Pennsylvania will adequately and promptly address any allegations of environmental violations made against you or your business. It is our aim to prevent such allegations through proper planning, but if a potential problem exists or if an agency has already accused you of a violation, we will investigate, negotiate, and argue on your behalf to get the best outcome possible. Contact us at (570) 562-4520 today to schedule a consult.
Enforcement of Environmental Regulations in Pennsylvania
Environmental regulations are enforced through a combination of federal, state, and local agencies, as well as through civil and criminal enforcement actions. The top agency responsible for environmental enforcement efforts is the Environmental Protection Agency (EPA), a federal agency. It sets and enforces national standards, conducts inspections, and takes enforcement actions against violators. Additionally, each state has its own environmental and conservation agencies tasked with implementing and enforcing environmental regulations at the state level.
From inspections to litigation, enforcement of environmental regulations by federal and state agencies materialize in different ways and at different levels.
Inspections and Monitoring
Regulatory agencies conduct inspections and monitoring activities to ensure compliance with environmental regulations. They may inspect industrial facilities, conduct sampling and analysis of air, water, and soil quality, review records and permits, and perform audits to assess compliance.
Compliance Assistance
Regulatory agencies often provide resources and guidance to help businesses understand and comply with environmental regulations. This includes offering compliance assistance programs, training sessions, and educational materials to promote proactive compliance. At Polishan Solfanelli, our environmental team will also provide guidance on compliance and put forth action plans to ensure the same.
Public Reporting and Whistleblower Protections
The public plays a crucial role in reporting potential violations. Many environmental regulations encourage citizen involvement by providing whistleblower protections and mechanisms for reporting environmental concerns or violations.
Enforcement Actions
When violations are identified, regulatory agencies can take enforcement actions. These actions can range from issuing warnings and notices of violation to imposing fines, penalties, or sanctions. In more serious cases, criminal charges can be pursued against individuals or organizations that knowingly violate environmental laws.
Civil Lawsuits
Environmental regulations can also be enforced through civil lawsuits brought by government agencies or private citizens. These lawsuits can seek remedies, such as injunctive relief, monetary damages, or cleanup costs, to address environmental harm caused by violations.
The enforcement of environmental regulations in Pennsylvania and throughout the United States relies on a multi-faceted approach involving regulatory oversight, inspections, compliance assistance, enforcement actions, and public engagement to ensure the protection of the environment and public health. Because of this multi-layered system, an environmental lawyer can help ensure compliance and avoid legal challenges, especially those challenges that can become litigious or criminal.
Environmental Civil Liability in Pennsylvania
The EPA can take civil action in response to alleged environmental violations. These can be administrative (dealt with outside of the court process but within the agency) or judicial (formal lawsuits in court).
Civil Administrative Actions
Civil administrative actions are non-judicial enforcement actions taken by the EPA or a state agency. Two common types of civil administrative actions taken to enforce environmental regulations include:
- A notice of violation or a Superfund notice; and
- An order directing the individual or entity to take specific action to either come into compliance or clean up a site.
Failure to comply with these administrative actions can result in civil judicial action.
Civil Judicial Actions
Environmental civil action attracts strict liability – meaning that if an environmental violation exists, the company or individual is responsible for it regardless of their knowledge of the law or regulation they violated. Likewise, showing that you intentionally violated the law is not required to find civil liability. Additionally, the violation may have simply been a mistake, but you can still be held accountable.
The standard of proof in civil liability cases is a preponderance of the evidence. The plaintiff – which in civil judicial actions is typically the U.S. Department of Justice on behalf of the EPA or the State's Attorneys General on behalf of the respective state – must prove that the allegations against you are more likely than not to be true based on the evidence provided. In other words, the standard is satisfied if there is greater than 50 percent chance you violated the law. This is a lower standard than what is required in criminal cases.
Defendants in civil cases often settle the case with the government. Often, these settlement agreements end with the defendant agreeing to certain settlement terms without admitting legal wrongdoing. Alternative dispute resolution (ADR) is often engaged to help bring about a settlement, and that could mean simple negotiations from mediation to arbitration. In lieu of ADR and a settlement, the matter will likely proceed to a trial.
The potential outcomes of a civil case include:
- Monetary penalties that can range from hundreds to billions of dollars
- Injunctive relief, which may require you to take certain actions to come into compliance or correct the environmental violation
- Orders to take other specific actions to improve the environment
Environmental Criminal Liability in Pennsylvania
The EPA and many other federal and state agencies have the power to take criminal enforcement action in relation to environmental violations.
To establish criminal liability, the prosecution must demonstrate a level of intent on behalf of the defendant. The company or individual must have been aware of their obligations and knowingly committed the violation.
Criminal cases relating to environmental violations require a higher standard of proof than civil cases. They must be proven beyond a reasonable doubt. If you are found guilty by a judge or jury or take a plea deal, there is very little if any doubt that you committed the environmental crime.
The potential outcomes of a criminal conviction include:
- Monetary fines paid to the U.S. Treasury
- Restitution, which is a means to reimburse the government for the costs associated with the case or as a way to compensate for the harm resulting from the violation
- Incarceration if a prison sentence is imposed
Reasons You Need our Environmental Litigation Lawyer in Pennsylvania
If you want to avoid civil or criminal action by the EPA or a state agency against you or your organization, then retaining an environmental litigation attorney in Pennsylvania is your best option.
Enforcement Actions
If an individual or business is faced with an enforcement action by a regulatory agency, such as the EPA, having an environmental litigation attorney is crucial. At Polishan Solfanelli, our environmental litigation attorney provides skilled representation and will guide you through the legal process while developing a strong defense strategy to protect your rights and interests.
Environmental Disputes
Environmental disputes can arise in various contexts, such as property contamination, toxic torts, land use disputes, or contractual disagreements involving environmental obligations. Again, as your environmental litigation attorney in Pennsylvania, we will advocate for your interests in these disputes, conduct investigations, gather evidence, and pursue legal remedies or negotiate settlements to resolve the matter effectively.
Representation and Defense
At Polishan Solfanelli, our environmental attorney may be able to provide guidance and develop effective legal strategies to defend against allegations of environmental crimes or negotiate favorable outcomes in civil cases.
Contact an Environmental Litigation Attorney in Pennsylvania Today
At Polishan Solfanelli, our environmental litigation attorney in Northeastern Pennsylvania brings specialized knowledge, experience, and advocacy skills to help individuals and businesses like you. We address environmental legal issues, protect your interests, and navigate the complexities of environmental regulations and disputes. Contact us by filling out the online form or calling us at (570) 562-4520 to schedule a consult.