Environmental Law

Butler, Vines and Babb has substantial experience in regard to the perspective of both plaintiff and defendant in environmental and toxic tort litigation. The firm has represented clients in these areas:

• Permitting issues
• Site assessment evaluations and due diligence
• Appearances before environmental boards and environmental regulatory staff relating to numerous issues
• Litigation in federal and state courts

The firm has successfully assisted clients and/or litigated environmental matters including issues relating to underground storage tanks, solid waste, hazardous waste, clean air and clean water, and radioactive materials. The firm has represented clients as to their environmental practices, and has been retained by environmental coverage units in regard to environmental claims and toxic tort claims. The firm represented a group of marina owners in the case of Euchee Marina v. Union Carbide, et al. (US District Court Eastern District of TN), alleging damages as a result of radioactive and toxic pollution from the atomic energy plants. The case resulted in a substantial settlement. See also, Hodges v. Mountain Markets (pollution of land from underground storage tanks), Circuit Court Sevier County ($1 Million Dollar Verdict - 1998).

Overview

The National Environmental Policy Act (NEPA) was passed in 1970 along with the Environmental Quality Improvement Act, the Environmental Education Act and the Environmental Protection Agency (EPA).  The main goal was to assure that the environment be protected against both public and private actions that failed to take account of costs or harms inflicted on the eco-system.

The EPA was supposed to keep an eye on and evaluate the environment, conduct research, and work closely with state and local governments to devise pollution control policies.  The basic principle of NEPA is to force governmental agencies to consider the effects on the environment of their decisions.

Environmental lawyers have achieved great strides for the environment by using the legal means at their disposal to clean up rivers, decrease air pollution, ban toxic substances, force government and industry to comply with regulations, and even to prod the U.S. to participate in international negotiations on global climate change issues. And environmental law is so firmly established, it is taught as a separate branch of legal studies at most law schools today.

Toxic torts usually involve over-exposure of individuals or communities to harmful or deadly chemicals.  Groundwater pollution is one of the most common causes of contamination

Although we emphasize communication and negotiation in resolving conflicts, litigation is sometimes the only practical means of protecting our clients’ interests.

Attorneys with the firm that practice Environmental Law include James C. Wright, William D. Vines, and Steven Johnson.

Helpful Links

U.S. Environmental Protection Agency (www.epa.gov)

TN Dept of Environment & Conservation (www.state.tn.us/environment)

The Environmental Law page was prepared by BUTLER, VINES & BABB.  If you would like more information on this topic, call us at (865) 637-3531 or complete the  Request for Consultation    Form and someone from our firm will contact you as soon as possible.