Government agencies are in charge of preventing people from being harmed by violations of environmental law. However, it is not uncommon for actions of others to harm the environment and the property of someone else without violating any laws. If there is no law being broken, the government is generally powerless to stop the action, even if it is environmentally harmful.
Just because the government is powerless does not mean there is nothing that can be done. There are a number of actions an individual can take to stop someone else from harming their land, including:
Yes. Perhaps the best way to challenge a type of environmental harm is through invalidating an local zoning ordinance or governmental order. If the government or any one of its laws is involved, there may even be the potential for legal action under the Takings Clause. These options are more difficult and complex than a simple civil suit.
The best way to find out is to contact an environmental attorney. A lawyer will be able to inform you of your likelihood of success and the best options to pursue.
Last Modified: 11-16-2015 09:27 PM PSTLaw Library Disclaimer
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