Regulation & Cost Recovery

A number of federal and state pollution control acts contain provisions which allow citizens to step into the shoes of government as private attorneys general to enforce these laws. Some examples are the Clean Air Act, Clean Water Act, and the Resource Conservation and Recovery Act (hazardous waste). If a citizen is successful in prosecuting an individual or company for violations of environmental laws, the law often permits the legal fees to be shifted to be the burden of the polluter. That is, the polluter pays. Williams Cuker Berezofsky has successfully represented numerous citizens and community groups in statute claims for costs and environmental remedies.

In addition, environmental statutes may protect landowners and businesses who have been required to spend money to remediate pollution by permitting them to recover their costs from those responsible for the problem. Potential claimants include parties who have been required by a governmental agency to pay cleanup costs at contaminated sites, including those designated under the Superfund law. WCB’s clients include such innocent landowners and businesses with de minimis responsibility.

To submit an inquiry regarding a potential citizens suit, or regulatory or cost recovery action, click here.