New York Environmental Litigation Attorneys

Environmental litigation lawyers in New York City represent individuals and communities affected by environmental hazards. Usually, this happens when toxic substances impact the air, soil, or water. Victims may face property damage, serious health concerns, and long-term financial strain.

As climate change worsens, instances of this kind of pollution are growing, and its impact is widening. Environmental litigation attorneys can help you navigate this complex process and pursue accountability from responsible parties based on the specific facts of your case.

At Napoli Shkolnik, environmental law and mass tort practice are a major focus. We have experience handling large, complex cases that often impact entire communities. Our Environmental Litigation attorneys are here to help with a free consultation to see if you qualify for a claim. 

Am I Eligible to File a Claim?

Whether you are eligible to pursue a claim depends on the specific details of your situation. If you are unsure, a great next step is to contact our firm for a complimentary case evaluation.

Generally, pollution of natural resources such as air, land, and water is the primary starting point when investigating these claims.

Here are some examples of people who may have claims for litigation with these types of cases:

• Property or real estate owners affected by contamination
• Residents in impacted communities
• Workers who are exposed to environmental hazards
• Families experiencing health issues potentially linked to environmental factors

An attorney can help evaluate whether a claim may be appropriate based on the available information.

Types of Environmental Lawyers in New York City

The team at Napoli Shkolnik has handled a wide range of litigation related to the environment. 

We can help if you need:

• Water contamination lawyers: Water contamination cases can pose health risks to entire communities. Our water contamination lawyers handle cases involving polluted drinking water, groundwater, or surface water caused by industrial waste, chemicals, or negligent practices.
• Air pollution lawyers: The Clean Air Act regulates air pollution limits, and when corporations and similar entities violate federal regulations, they can be held accountable.
• Oil spill lawyers: Oil spills can easily contaminate land and water for nearby communities. Oil spill lawyers work to hold responsible parties accountable for cleanup costs, restoration, and harm to affected communities.
• Hydraulic fracturing lawyers: Our attorneys can handle cases related to fracking operations. Fracking can have a disastrous impact on land and water sources, contaminating them with toxic chemicals.
• Pesticide exposure lawyers: Pesticide exposure lawyers represent individuals or communities harmed by toxic chemicals used in agriculture or pest control. These cases often involve long-term health effects and require proving a connection between exposure and injury.
• Soil contamination lawyers: When toxic chemicals pollute land, they can make the area dangerous to live in or use. This can happen when industrial waste or chemicals are not disposed of properly. Soil contamination lawyers can help you figure out the complexities that can come with these cases.
• Toxic waste and spills lawyers: When toxic spills happen, they can impact the air, water, and land around the area. Lawyers who take on these cases seek compensation for any damages caused by these chemical spills.
• Inactive toxic landfill lawyers: Our lawyers handle cases involving previously contaminated sites that continue to pose risks. Even if the spill occurred years ago, legal action may still be necessary to address ongoing harm.
• Chemical explosion lawyers: Chemical explosion lawyers represent victims of explosions caused by volatile or improperly handled chemicals. These incidents can result in severe injuries, fatalities, and widespread contamination.

What Kind of Damages May Be Available with Environmental Litigation in New York City?

Environmental litigation cases in New York City can involve a wide range of damages, depending on the nature of the contamination and the harm suffered.

Some of the most common types of recoverable damages include:

• Medical expenses and bills: If you had to seek medical care for your injuries, you may be able to receive compensation for them. Along with current medical expenses, future medical treatment related to the incident may also be recovered. 
• Property damage: Damages for environment-related cases often include costs to repair or replace property, land, or structures contaminated or destroyed by hazardous substances.
• Loss of land use: If you had land that was contaminated and cannot be used as it was intended, you may be able to get compensated for that. 
• Diminished property value: This is the loss in the market value of property due to contamination.
• Income or job loss: This can cover any income loss that was caused by the incident. For example, if you weren’t able to work due to health issues, you may be entitled to receive those lost wages.
• Pain and suffering: Depending on your case, you may have suffered emotional distress or reduced quality of life. Pain and suffering are considered non-economic damages.

Attorneys handling environment-related litigation carefully document these damages, working with experts to quantify losses and demonstrate the connection between the contamination and the harm. Recovery can vary depending on the case type, the severity of exposure, and applicable laws.

What Do New York City Environmental Litigation Attorneys Do?

New York environmental litigation attorneys handle legal disputes and complex investigations, working with scientists and other experts to figure out the next steps for your case.

Environmental litigation attorneys may assist with:

• Investigating your case: A lawyer can investigate potential environmental hazards, including water, air, and soil contamination. This can be very difficult to do on your own and often requires resources like knowing experts in the field. Environmental lawyers can make this initial step much simpler and faster.
• Figuring out liability: Lawyers can do the complex work of identifying liable parties, such as corporations, property owners, or manufacturers, in these types of cases.
• Collecting evidence: A lawyer can gather evidence for you, including reports, testing data, and internal records.
• Collaborating with experts related to your case: Environmental lawyers often work with scientific experts, toxicologists, and consultants to support claims.
• Damage assessment: Evaluating the extent of harm to individuals, property, or communities takes knowledge of the scope of impact these cases can have. Fortunately, when working with an experienced firm like ours, we can do that for you.
• Litigation filing: A lawyer can take care of the filing process related to toxic exposure, pollution, or regulatory violations.
• Regulatory navigation: A lawyer can navigate complex federal, state, and local environmental laws and regulations.
• Legal representation: If your case makes it to trial, an attorney can represent you in settlement negotiations or court proceedings.
• Compensation recovery: Our lawyers can help with the legal process when you are seeking compensation for medical expenses, property damage, loss of income, and other related losses.
• Injunctive relief: Things don’t just stop here; our firm can pursue injunctive relief to stop ongoing harm or require cleanup efforts.

Common Types of Environmental Litigation Cases

Environment-related litigation can cover a wide variety of claim types. It all depends on the type of exposure and its impact. Some cases may only impact an individual or a small group, while others may impact large communities, neighborhoods, and cities.

Some of the most common  types of environmental litigation cases include:

Water Contamination Claims

Water can be easily contaminated when land around residential areas is being worked on. Contaminants such as industrial chemicals, like fracking fluid, fuel additives, or PFAS, may enter groundwater or public water systems after land use like drilling.

Air Pollution and Emissions

Industrial air emissions and airborne toxins can affect air quality in surrounding communities. Long-term exposure may contribute to respiratory conditions or other health issues.

Toxic Chemical Exposure

Substances like pesticides, asbestos, and heavy metals may pose risks when improperly handled or released into the environment. Because these chemicals are usually released into the air, it can be challenging to understand exposure pathways.

Hazardous Waste Violations

Improper storage, transport, or disposal of hazardous waste can contaminate land and water sources, potentially affecting nearby residents and businesses. Those who are in close proximity to these waste transfer stations may be the most at risk.

Oil Spills and Energy-Related Claims

Oil spills and energy exploration activities may cause environmental damage like water and soil contamination that impacts ecosystems, local economies, and public health.

How Do Environmental Litigation Cases Work in New York City?

Environmental litigation cases typically begin with an investigation into the source and extent of the contamination.

From here, attorneys may collaborate with environmental scientists, medical professionals, and other experts to evaluate the potential connection between exposure and harm.

Here is what the process may look like:

Investigation and Evidence Gathering

This initial phase may involve site inspections, environmental testing, and reviewing historical records to determine how and when the contamination occurred.

Collaboration With Experts 

After investigation, attorneys often collaborate with environmental scientists, toxicologists, medical professionals, and other experts to evaluate whether there is a measurable link between the exposure and the harm experienced. These experts help interpret complex data, assess exposure levels, and provide opinions that may support a legal claim.

Establishing Causation

A key component of environmental litigation is establishing causation, demonstrating that the contamination directly caused or contributed to the alleged injuries or damages.

This process can be highly complex, particularly in cases involving long-term exposure, multiple potential sources, or evolving scientific evidence. This is where having a lawyer on your side may be the most beneficial.

Assessing Damages

Damages from environmental cases can include medical bills, loss of land, and a wide range of other impacts. Attorneys can do the work of compiling medical records, environmental reports, financial documentation, and other information that can help provide a clear picture of the impact on your life.

Filing Claims in New York City

If your lawyer is able to identify sufficient evidence regarding your situation, a claim may be filed against the parties believed to be responsible. Depending on the circumstances, these cases may involve individual lawsuits, multi-plaintiff actions, or larger-scale litigation involving entire communities.

Resolution: Settlement or Trial

Once a claim is filed, the case may proceed through discovery, depositions, and pre-trial motions. Many environmental litigation cases are resolved through settlement negotiations; however, if a fair resolution cannot be reached, the case may proceed to trial, where a judge or jury determines the outcome.

Advocacy and Legal Strategy

Throughout the process, environmental litigation attorneys work to advocate for their clients while navigating complex legal standards, scientific evidence, and regulatory frameworks. This is where experience really plays a large role.

When working with a law firm that is familiar with these standards, procedures, and frameworks, the legal process may be faster and potentially smoother. 

Why These Cases Can Be Complex

Environmental litigation often involves overlapping federal, state, and local environmental laws, as well as technical scientific data and knowledge on land use and real estate law.

And so, determining liability may require extensive documentation, expert analysis, and a clear understanding of regulatory frameworks.

Additionally, claims are frequently brought against large organizations with significant legal and financial resources. As a result, these cases can take time to develop and may require careful legal strategy, which is exactly where an attorney can be helpful.

What to Look for in an Environmental Litigation Law Firm

Given the complexity of environmental cases, it is important to work with environmental law firms and lawyers who are familiar with both legal and scientific aspects of these claims. 

Factors to consider may include:

• Experience handling environmental or toxic exposure and chemical contamination cases
• Access to qualified experts and investigative resources, such as experts on natural resources, and those who are knowledgeable about things like zoning and infrastructure projects
• Familiarity with the New York regulatory landscape and relevant environmental laws and regulations, such as the Clean Water Act, Clean Air Act, the State Environmental Quality Review Act, and the Resource Conservation and Recovery Act (RCRA)
• Ability to manage large-scale or multi-party litigation and enforcement proceedings if needed
• Experience working with private equity stakeholders and navigating matters involving regulatory agencies

Taking the time to evaluate these factors can help you make informed decisions when selecting an environmental law firm to handle your environmental case in New York.

Speak With an Environmental Litigation Law Firm in New York City Today

Many neighborhoods in New York City, including Gowanus in Brooklyn, the South Bronx, and parts of Staten Island, face several environmental hazards. These hazards can have lasting effects on individuals, families, and entire communities.

Napoli Shkolnik is a nationally recognized law firm with a proven track record across the United States. Our firm has experience handling all kinds of environmental cases. We can handle the legal process for you and communicate with federal, state, and local regulatory agencies.

A free case evaluation with our environmental lawyers can provide insight into the next steps based on your specific situation and whether further investigation may be warranted.

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