Environmental Litigation Lawyer in Billings, MT

Sometimes environmental harm is readily apparent, as in the case of obvious contamination or a fire. Other times, it may be undiscovered for years. Either way, protecting your rights may involve navigating complex regulatory schemes or engaging in litigation. Whether you are an individual or company dealing with environmental issues, Ritchie Manning Kautz can help. In fact, one of our lawyers was named 2020 Lawyer of the Year in environmental litigation for Billings, Montana by Best Lawyers and our firm is included in U.S. News & World Report’s list of Best Law Firms for environmental litigation.

• Work on Clean Air Act litigation involving a coal plant.
• Work on litigation involving an oil spill impacting individual landowners.
• Representing a local business owner whose property was contaminated by chemical dumping.
• Litigation involving extensive damage to businesses and property caused by an explosion due to a power company’s negligence.
• Multiple cases involving fire damage to individuals’ and businesses’ property.

What is Environment Law?

Government regulation is in place to protect the environment. For example, there are strict laws about how hazardous materials may be handled and disposed of to prevent harm to the environment. Environmental law covers these regulations and the consequences of their violation.

Since there are many elements to environmental protection, environmental law is a vast subject. Individuals, companies, and other organizations can all be subject to environmental litigation.

What Sort of Individual Can Bring an Environmental Law Case to court?

Any of the following can initiate environmental litigation:

• Individual citizens
• Non-profit organizations
• Property owners
• Businesses
• Government agencies

If legal violations have harmed you or your property, you can seek recompense and justice. This is also true of communities or municipalities that have collectively suffered harm.

Taking a large corporation to court as an individual can be daunting, as you likely don't have access to the same resources. However, environmental litigation is an important part of the justice system, as it can prevent future harm that affects many people.

Can an Individual File Suit Against a Company or Organization If the Government Is Actively Pursuing the Individual or Has Taken Action Against Them in the Past?

In most cases, an individual can't file suit if the government has already done so. The wheels of justice are already turning, and the investigations necessary to prove harm are in process. However, if another organization has similarly harmed you and no action has been taken against it, you can pursue litigation.

You may also have the chance to offer evidence if the government is already pursuing the organization. If you believe you've been harmed by an organization already under investigation, you should speak with an environmental lawyer.

We Recently Had a New Neighbor Move-in About a Mile Down the Street. He Has Turned the Property Into a Farm, and Due to the Animals' Excessive Smell and Noise, We Are Unable To Enjoy Our Own Property Any Longer. Do We Have a Valid Case Against Our Neighbor?

This is a complex case, as the laws over property vary. Different states and municipalities have different statutes, so it's essential that you speak to a litigation attorney in Billings, MT, who is familiar with the local laws.

In many cases, if a party's actions interfere with the enjoyment of your own property, you have a case. However, since the party is using his own property in this situation, he may claim he's well within his rights to do so.

Can an Individual File Suit Under Environmental Law If a Neighbor Is Dumping Garbage on the Individual's Property?

Dumping garbage on property the party does not own may be considered harmful, which means you can bring someone to court for doing so. If you do bring the case, you'll need to prove that the neighbor is responsible for the dumping. Depending on the circumstances, you may be awarded any of the following should you win the case:

• Orders that the neighbor clean the mess
• Orders the neighbor to pay for cleanup
• Orders the neighbor to pay for damage
• Orders the neighbor to pay compensation

What Are the Common Punishments If an Individual or Business Is Found Guilty of Violating Environmental Laws?

Punishments vary on a case-by-case basis and may contain more than one aspect. However, the most common punishments are the following:

• Probation
• Charges
• Fines
• Imprisonment

I Witnessed Someone Dumping Paint Into the Natural Creek Which Runs Behind Several Homes in Our Neighborhood. Could This Individual Be Punished for Violating Environmental Laws?

Certain types of paint are dangerous to the environment:

• Oil-based paints
• Lead-based paints
• Paints containing heavy metals

Most municipalities have laws in place to prevent dumping. Should you witness people doing so, you should contact a lawyer to discuss the issue. While anyone improperly disposing of dangerous paints could be prosecuted, conviction requires proving the paint is a type that falls under these regulations.

Should I Hire an Environmental Law Attorney?

Environmental law is an incredibly complex field, and navigating it alone can be difficult. If you're involved in environmental litigation, whether as a defendant or a plaintiff, you can benefit from hiring an environmental law attorney.

Can an Individual Take a Business or Organization to Court for Damages of Personal Property Under Environment Laws?

If a business's or organization's violation of environmental law has damaged your personal property, you can absolutely take it to court. If you do so, you will probably need an environmental lawyer, as most corporate entities have more legal resources than individual citizens.

What is the Typical Compensation an Individual Can Seek in an Environment Law Case?

In many cases, part of the compensation is clean-up, which can become very expensive and dangerous if hazardous chemicals are involved. If you've been personally injured by a violation of environmental law (for example, you developed health problems due to exposure to hazardous waste), you may be awarded further compensation.