Nuisance Claims in West Virginia
A Charleston environmental law firm holding corporations responsible for violations
Nuisance laws protect landowners and communities from interference with their property rights and interests. This includes the water, air, sounds and smells traveling across your land, in addition to physical trespass by people, machines or objects. Calwell Luce diTrapano PLLC has represented individual landowners and communities in environmental matters since 1976. Our lawyers have fought some of the corporate giants of industry to protect the community’s quality of life, health and economic value..
Corporate actions that results in nuisance
A nuisance claim arises when a corporation’s intentional or negligent action interferes with your right to use and enjoy your property by subjecting your land to:
- Noxious odors — Offensive smells may originate from chemical processing, waste disposal and agricultural operations.
- Poor air quality — Plants and mines compromise air quality when they emit toxins, smoke, dust or particulate matter.
- Water pollution — Water is polluted by plants, mines and farms that release chemicals, industrial byproducts, mining sediment, pesticides, fertilizers or animal feces into streams, wells and groundwater sources.
- Flash flooding — Irresponsible mining, timbering and hydroelectric practices can cause dangerous flash flooding in neighboring communities.
- Noise — Drilling equipment, explosives, heavy machinery and large trucks often produce harmful levels of noise.
- Blasting — Mining processes that involve blasting rock with explosives can subject your property, and the surrounding areas to fly rocks, release of toxic materials, water pits, waste rock piles and seismic activities.
Filing an environmental nuisance claim
Our environmental attorneys in Charleston pursue injunctive relief to halt the nuisance activity and prevent further damage to your home and health. In addition, we seek monetary damages to compensate you for your losses and to pay for cleanup of contaminated sites. Plaintiffs in a nuisance claim can be an entire community or individuals, and the cause of action is classified accordingly as a:
- Public nuisance claim — A public nuisance affects the rights of the public in a community, such as the right to clean drinking water or uncontaminated food.
- Private nuisance claim — A private nuisance interferes with an individual’s interests, including the quiet enjoyment of one’s own property.
Our law firm has the experience and resources to represent plaintiff classes in public nuisance lawsuits. Engaging the whole community is often the best means of achieving justice and stopping unpleasant or hazardous activities.
Consult our environmental lawyers about nuisance claims in West Virginia
For more information about a nuisance cause of action, call Calwell Luce diTrapano PLLC at 304.400.6558 or contact our law firm online to schedule an appointment.