Spain Mexico
Philadelphia, PA Cherry Hill, NJ New York, NY State College, PA 1-866-LOCKSLAW
Facebook Twitter LinkedIn
Locks Law Firm
Facebook Twitter LinkedIn
Get Started
  • No win, no fee
  • Free consultation
  • Home
  • About
    • About Us
    • The Team
    • Office Locations
    • Newsroom
    • FAQ
  • About
    • About Us
    • The Team
    • Office Locations
    • Newsroom
    • FAQ
  • Practice Areas
  • Practice Areas
    • All Practice Areas
    • Medical Malpractice and Nursing Home Abuse
    • Environmental and Toxic Torts
    • Catastrophic Personal Injuries
    • Dangerous Drugs & Devices
  • Testimonials
  • Blog
  • Contact
  • Get Started
  • Spain Mexico   Spanish
  • About
    • About Us
    • The Team
    • Office Locations
    • Newsroom
    • FAQ

    One of the most prominent personal injury law firms in the tri-state region, the Locks Law Firm is steadfastly committed to protecting the rights of seriously injured victims.

    Free Case Evaluation
  • Medical Malpractice and Nursing Home Abuse
    • Nursing Home Abuse and Neglect
    • Hospital Acquired Infections
    • Medication Errors
    • Misdiagnosis / Failure to Diagnose
    • Surgical Errors
    • Needle Stick - CRPS

    Medical malpractice is any act by a health care provider that deviates from accepted standards of medical care and results in the personal injury, disability, or wrongful death of a patient. Nursing home abuse or negligence can take many forms. It can include physical, sexual, and emotional abuse, neglect, negligent care, and even financial exploitation.

    Free Case Evaluation
  • Environmental and Toxic Torts
    • Asbestos and Mesothelioma
    • Benzene
    • Chemical Exposure
    • Manganese Exposure
    • Natural Resource Damages
    • Toxic Injuries
    • Workplace Exposure
    • Dacthal Herbicide Ban
    • PERC Exposure
    • Paraquat

    Exposure to toxic chemicals in the workplace or environment can cause serious, sometimes fatal health problems, including cancer.

    Free Case Evaluation
  • Catastrophic Personal Injuries
    • Premises Liability
    • Burns and Chemical Burns
    • Traumatic Brain Injuries
    • Spinal Cord Injuries
    • Wrongful Death

    Catastrophic personal injuries include brain and spinal cord injuries, severe burns, carbon monoxide poisoning and, most seriously, death.

    Free Case Evaluation
  • Dangerous Drugs & Devices
    • Allergan Breast Implant Recall
    • Hernia Mesh
    • IVC Filters
    • NEC Baby Formula

    At the Locks Law Firm, our pharmaceutical litigation and defective drug lawyers are committed to serving personal injury victims and are well versed in the product liability laws that protect consumers.

    Free Case Evaluation

Locks Law Firm

Philadelphia, PA

(215) 893-0100

Cherry Hill, NJ

(856) 663-8200

New York, NY

(212) 838-3333

State College, PA

844-777-2529

Locks Law Firm

Philadelphia, PA

The Curtis Center
Suite 720 East
601 Walnut Street

Cherry Hill, NJ

801 North Kings Highway

New York, NY

675 Third Avenue | 8th Floor

State College, PA

1376 Haymaker Road

Locks Law Firm

Philadelphia, PA

[email protected]

Cherry Hill, NJ

[email protected]

New York, NY

[email protected]

State College, PA

[email protected]

Blog

EPA Budget Cuts Leave Enforcement to the States and Individuals

I have written in this space before about the devastation being wrought by the Trump Administration on our Nation’s ability to protect the environment and its citizens from the health effects of toxins left behind by corporate polluters.  The Trump Administration cuts in the Federal budget, especially the Environmental Protection Agency’s budget, have rendered the EPA toothless and impotent, and left legal enforcement and the protection of the environment up to the states, and in more and more instances, to individual citizens to enforce the environmental laws that remain on the books.

Trump’s proposed 2018 budget sought a 23% cut in federal funding for the EPA essentially gutting the enforcement division, along with dozens of other programs.  Fortunately, cooler heads prevailed in Congress, and while the depth of the cut to EPA’s budget was still severe, Congress did not bend entirely to Trump’s wish.

Left to fill the enforcement gap are the states and individual citizens or groups of citizens.  Citizens may bring suits to enforce existing federal regulations pursuant to a number of laws. The most common are the Clean Air Act and the Clean Water Act.  Both these laws empower individuals to

 “commence a civil action on his own behalf—

(1) against any person (including (i) the United States, and (ii) any other governmental instrumentality or agency to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of (A) an effluent standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation, or

(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator [under the Clean Water Act] .”

In the case of the Clean Air Act, a suit can be commenced for a violation of “(A) an emission standard or limitation under this chapter or (B) an order issued by the Administrator or a State with respect to such a standard or limitation.”

Two other federal laws that permit citizen suits are the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and the Resource Conservation and Recovery Act (RCRA).

CERCLA § 310(a) allows citizens to file a civil action (civil suit) against any person, including a Federal agency, that is alleged to be in violation of any CERCLA standard, regulation, condition, requirement, order, or IAG. In addition, CERCLA § 310(a) allows citizens to file a civil action against the President or any other officer of the United States (including the EPA Administrator and the Administrator of the Agency for Toxic Substances and Disease Registry) for alleged failure to perform any non-discretionary act or duty.  

CERCLA § 310(d) excludes citizens from filing a civil action if the President has commenced and is diligently prosecuting an action under CERCLA or the Resource Conservation and Recovery Act to require compliance with a standard, regulation, condition, requirement, order, or IAG. In addition, CERCLA § 310(d) precludes citizens from filing a suit until notification is given to the President, the State in which the alleged violation occurred, and the facility alleged to be in violation of a standard, regulation, condition, requirement, order, or IAG. Additional conditions and requirements pertaining to citizen suits are set forth in CERCLA § 310(a) through (i).

The Resource Conservation and Recovery Act (RCRA) 42 U.S. Code § 6972, 7002 also provides for citizen suits:

(a)In general except as provided in subsection (b) or (c) of this section, any person may commence a civil action on his own behalf—

(1)(A) against any person (including (a) the United States, and (b) any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution) who is alleged to be in violation of any permit, standard, regulation, condition, requirement, prohibition, or order which has become effective pursuant to this chapter; or

(B) against any person, including the United States and any other governmental instrumentality or agency, to the extent permitted by the eleventh amendment to the Constitution, and including any past or present generator, past or present transporter, or past or present owner or operator of a treatment, storage, or disposal facility, who has contributed or who is contributing to the past or present handling, storage, treatment, transportation, or disposal of any solid or hazardous waste which may present an imminent and substantial endangerment to health or the environment; or

(2) against the Administrator where there is alleged a failure of the Administrator to perform any act or duty under this chapter which is not discretionary with the Administrator.

While these statutes give civilians the right to seek legal redress for damages to the environment, they come with a long set of rules and regulations that can be difficult to navigate, even for attorneys.  Additionally, the Trump Administration’s Department of Justice (DOJ) has begun, for the first time, to scrutinize these suits and to make the suits more difficult to file and proceed through the courts.  Formerly, DOJ may have commented on some suits, but under Trump the DOJ is now taking an active role in barring aggrieved persons from the courthouse.

As to the states, budgets for the protection of the environment through affirmative programs and enforcement actions have been subject to continuous cuts as a result of the Federal government’s abdication of its traditional role of environmental protector.  For example, in New Jersey, during the 8 years of the Christie Administration not a single new Natural Resource Damage suit against corporate polluters was launched, and that state’s budget for environmental protections was continually reduced. The NJDEP had been decimated by 8 years of Christie, including a 40% drop in staff and about a 35% budget cut. Even under now Governor Murphy, a Democrat, New Jersey must sacrifice the environment on the altar of fiscal necessity. The DEP budget will suffer a 14.3% decrease from their 2018 budget, with a 3% decrease in operations; going from $213 million to $207 million. But Governor Murphy has pledged to protect New Jersey in sharp contrast to the former Christie Administration who let corporate polluters run rampant.

As a direct result of the lack of resources to protect their environments and EPA’s abdication of its role as environmental protector, many states are turning to private attorneys with experience in environmental litigation to assist them in filing, managing and concluding Natural Resource Damages suits against corporate and other polluters.  

The environmental attorneys at the Locks Law Firm have experience in litigating suits that seek to protect the environment and hold polluters responsible and accountable for their actions.  Municipalities and private citizens who believe they may have a claim against polluters should contact our office for a consultation.

Steven Knowlton

Guest Author
September 7, 2018 Steven Knowlton

Tell Us About Your Case

If you can read this, please avoid filling the following input field or your submission may be marked as spam.
Thank you for contacting us! We will be in touch with you shortly.
Uh oh. There was a problem processing your request. Please try again!
Previous Entry

Dash Cam Videos will be harder to obtain in New Jersey

Next Entry

Basic Hurricane Preparation Tips

Recent Entries

  • IARC’s Latest Evaluation: Automotive Gasoline Causes Cancer
  • How Personal Technology Can Help You Navigate Legal Matters
  • Seeking Justice: Locks Law Firm Represents Victims of Northeast Philadelphia Plane Crash
  • "Judicial Hellhole"
  • Dacthal Pesticide Ban: EPA Falls Short Again, Inaction Fails to Protect the Unborn 

Archive

  • April 2025
  • March 2025
  • February 2025
  • December 2024
  • August 2024
  • July 2024
  • June 2024
  • May 2024
  • January 2023
  • August 2022
  • February 2022
  • January 2022
  • September 2021
  • August 2021
  • July 2021
  • March 2021
  • February 2021
  • January 2021
  • November 2020
  • September 2020
  • July 2020
  • June 2020
  • May 2020
  • April 2020
  • March 2020
  • February 2020
  • January 2020
  • December 2019
  • November 2019
  • October 2019
  • September 2019
  • August 2019
  • July 2019
  • June 2019
  • May 2019
  • April 2019
  • March 2019
  • February 2019
  • January 2019
  • December 2018
  • November 2018
  • October 2018
  • September 2018
  • August 2018
  • July 2018
  • June 2018
  • May 2018
  • April 2018
  • March 2018
  • February 2018
  • January 2018
  • December 2017
  • November 2017
  • October 2017
  • September 2017
  • August 2017
  • July 2017
  • June 2017
  • May 2017
  • April 2017
  • March 2017
  • February 2017
  • January 2017
  • December 2016
  • November 2016
  • October 2016
  • September 2016
  • August 2016
  • July 2016
  • June 2016
  • May 2016
  • April 2016
  • March 2016
  • February 2016
  • January 2016
  • December 2015
  • November 2015
  • October 2015
  • September 2015
  • August 2015
  • May 2015
  • April 2015
  • March 2015
  • February 2015
  • January 2015
  • December 2014
  • November 2014
  • October 2014
  • August 2014
  • June 2014
  • April 2014
  • February 2014
  • August 2013
  • July 2013
  • June 2013
  • February 2013
  • December 2012
  • November 2012
  • October 2012
  • September 2012
  • August 2012
  • July 2012
  • June 2012
  • September 2011
  • January 2011
  • November 2010
  • September 2010
  • August 2010
  • July 2010
  • June 2010
  • March 2010
  • February 2010
  • January 2010
  • December 2009
  • November 2009
  • September 2009
  • August 2009
  • July 2009
  • April 2009
  • March 2009
  • February 2009
  • January 2009
  • July 2008
  • June 2008
  • May 2008
1-866-LOCKSLAW
[email protected]
Facebook Twitter LinkedIn YouTube
2021 Best Lawyers
Martindale-Hubble Award Ten Leaders

Copyright © 2025 Locks Law Firm. Made by Mindlark.

Locks Law Firm only provides legal advice after having entered into an attorney client relationship, which our website specifically does not create. Conversations that originate from website messaging, chat or other two way web based engagement  do not create an attorney client relationship. It is imperative that any action taken be done on the advice of counsel. Because every case is different, the description of awards and cases previously handled do not guarantee a similar outcome in current or future cases. The firm practices law in Pennsylvania, New Jersey & New York as Locks Law Firm. Super Lawyers, Best Lawyers in America and other organizations that rate attorneys are not designations that have been approved by the State Supreme Courts or the American Bar Association.