Businesses have various environmental regulatory responsibilities under state and federal law. As a result, government regulators may launch investigations and claims against businesses for environmental issues. These investigations and claims can result in fines, court orders for remedial action, or the suspension or termination of business operations. Here are some of the most common environmental claims that businesses can face under state and federal regulations.
Hazardous Waste Handling and Disposal
The Resource Conservation and Recovery Act governs the management of solid and hazardous waste under federal law. Many states also have parallel waste management statutes. The RCRA established a “cradle-to-grave” regulatory system for hazardous waste, requiring companies to handle waste from generation to ultimate disposal properly. The act also establishes standards for the management of non-hazardous solid waste and underground storage tanks. Businesses may face common claims related to:
- Improper labeling of waste
- Improper storage that creates a risk of environmental contamination
- Negligent transportation of hazardous waste
Water Pollution and Discharge Violations
Water pollution and illegal discharge claims may arise under the federal Clean Water Act and related state laws. The Clean Water Act regulates businesses’ discharge of pollutants into water systems by requiring companies to obtain permits before engaging in operations that can discharge environmental hazards into waterways or groundwater. Federal and state law penalize unauthorized or illegal discharging. Various laws also provide citizens with a cause of action for injuries or property damage resulting from environmental contamination caused by illegal discharges.
Air Emissions and Clean Air Act Violations
Environmental claims relating to air pollution fall under the federal Clean Air Act and related state laws and regulations. The CAA sets emission limits for various business activities, ranging from manufacturing operations to vehicles that automakers put on the road. State and federal regulations may require businesses to install systems designed to monitor or mitigate polluting emissions from operations. Violations can result in fines and the revocation of permits that authorize emissions from business operations.
Failure to Comply with Reporting Requirements
Businesses are held to record keeping and reporting requirements under various state and federal environmental statutes and regulations. They’re obligated to track the environmental impact of their operations and allow state and federal environmental regulators to monitor their compliance. Businesses that fail to comply with their record keeping and reporting requirements may face significant consequences, such as costly audits by government regulators as they try to reassemble records. Businesses can also face substantial fines for negligent record keeping or for willfully destroying or falsifying records and information.
Contamination and Site Cleanup Liability
Businesses that cause environmental contamination may bear liability for remediating property contaminated by historical manufacturing operations, accidental contaminant spills, or negligent waste handling, and containing the spread of contamination under the federal CERCLA and Superfund statutes and regulations. Many states also have parallel environmental remediation programs and regulations governing businesses whose operations cause environmental contamination.
CERCLA/Superfund liability can require companies to establish escrow or trust funds to ensure financial resources for ongoing remediation efforts, which can help protect a contaminated site even if the company that owns it goes out of business. State and federal regulations also strictly govern the sale of contaminated properties and impose various duties on sellers and buyers to ensure continued remediation.
Contact an Environmental Law Attorney Today
When your business comes under state or federal investigation for environmental regulatory violations, you need experienced legal counsel to help you protect your company’s rights and interests. Contact August Law, PLLC, today for an initial consultation with an environmental law attorney to learn more about the common environmental claims that businesses face.