Property Contamination in West Virginia
Charleston lawyers protecting your property rights
West Virginia is the center of numerous highly lucrative mining, timbering, power and industrial operations. For this reason, the state is also home to a long list of Superfund sites. Superfund sites are those deemed as most contaminated and most hazardous to human health. Their inclusion on the Superfund list makes cleanup of these contaminated properties a priority to the federal government. In addition to these seriously contaminated areas, many more exist that have yet to be discovered or where the extent of the damage is not fully realized.
Since 1976, Calwell Luce diTrapano PLLC in Charleston has advocated the rights of property owners whose land has been damaged by pollution. Many of our property contamination claims involve land that once sat in the pristine forests, mountains, valleys and organic farms of West Virginia. These beautiful areas have become wastelands because of the actions of large corporations that put profit above community members’ health and quality of life.
Legislation that supports response to environmental contamination
Our team is knowledgeable about the extensive legislation governing environmental contamination matters. If your home has been damaged or devalued because of pollutants originating from coal mines, chemical plants or wood treatment operations, we help you file a claim under state and federal laws, including:
- CERCLA — Commonly referred to as Superfund, The Comprehensive Environmental Response, Compensation, and Liability Act established regulations for the closure and abandonment of hazardous waste sites, held people who release hazardous waste at these sites liable and authorized taxation of the chemical and petroleum industries to fund contamination cleanup when no responsible party could be identified.
- SPL — CERCLA mandates that the Environmental Protection Agency and the Agency for Toxic Substances & Disease Registry maintain a Substance Priority List of toxic substances most commonly occurring at Superfund sites and that pose the greatest risk of harm to people.
- SARA — The Superfund Amendments and Reauthorization Act amended CERCLA to increase enforcement authority and the size of the trust fund.
- RCRA — The Resource Conservation and Recovery Act authorizes the EPA to control hazardous waste at each stage, including generation, transportation, treatment, storage and disposal.
- CWA — The Clean Water Act governs regulation of pollutant discharge into the nation’s water supply.
Consult our environmental lawyers about property contamination in West Virginia
For more information about recovering compensation for the contamination of your property, call Calwell Luce diTrapano PLLC at 304.400.6558 or contact our Charleston law firm online to schedule an appointment.