Companies have a duty to follow all environmental laws to ensure they aren’t harming the environment. Unfortunately, companies sometimes face accusations of toxic contamination, even when they’re fully compliant with all applicable regulations.
Allegations regarding contaminating local water sources with toxic chemicals can quickly turn into a costly and time consuming event. In Pennsylvania, these claims typically fall under the category of a toxic tort.
A toxic tort is a type of civil claim that’s filed by individuals who allege that they were harmed because of an exposure to waste byproducts, pollutants or industrial chemicals. In water contamination claims, it’s alleged that the company being sued has been releasing these substances into local waterways.
Can companies defend against these claims?
Typically, the burden of proof falls on the complainant in these cases, so defenses may focus on calling the causation the complainant is citing into question. This often includes using scientific evidence and technical data to dispute the claim.
It can be crucial to consult with environmental experts early in the case to assess contamination sources, exposure levels and chemical migration pathways. With this information, the company may be able to cast doubt on the link between the company’s actions and the complainant’s harm.
Regulatory compliance is often another critical factor in these cases. Showing that the company followed all applicable regulations from the Pennsylvania Department of Environmental Protection and the Environmental Protection Agency can support the argument that your company acted responsibly.
Documentation also plays a pivotal role. Internal protocols, spill response records, and routine environmental audits can help illustrate a consistent commitment to safety and environmental stewardship.
Once the claim is filed, it is up to the company to determine how to respond. Pennsylvania provides several options for the complainant to pursue a claim, so the response must be directly related to it. These can include violations of environmental statutes, negligence or liability for abnormally dangerous activities. Working with someone familiar with these matters may be beneficial for the company.