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(314) 500-HURTAs we continue to see more and more of the environmental effects of climate change on the world around us, courts have also seen an increase in civil suits alleging that climate change is responsible for inciting harm.
As in any area of tort law, each case should be assessed on its own merits. There have been a number of notable settlements and judgments awarded to victims harmed by environmental factors related to climate change, but they are not without their challenges.
In honor of Earth Day, we have taken some time to identify and share some recent legal news related to the environment and harm to individuals. Find out what legislators, government agencies and victims of dangerous environmental conditions have been doing below.
Climate change-related claims introduce unique difficulties for both plaintiffs and defendants. They are complicated and rely on detailed scientific data to prove. Plaintiffs have a burden of proof that can be especially difficult to mount due to the nature of the numerous variables that arise in such cases.
Fortunately, technology for answering those questions is improving. Anyway, tort claims are not the only—nor always the best—way for victims of environment-caused injuries to recover compensation. Funds have been created to support those harmed by specific environmental disasters and legislation is being passed to compensate and protect victims from further injury.
There are numerous examples of recent court activity related to environmental issues and harm to individuals — for good or for bad. For example, Florida Governor Ron DeSantis just signed a law that bans cities and counties from creating policies that protect workers who are exposed to extreme heat (you read that correctly).
Right now there is a bill in Congress, passed by the Senate in a bipartisan vote, that would expand the compensation program for survivors near the nuclear test sites who were exposed to harmful radiation.
The Radiation Exposure Compensation Act (RECA) Extension Act would extend funding of the program and expand eligibility for generations of people who have been long-impacted by radiation produced by the federal government’s nuclear testing activity. Victims have experienced cancer and other life-threatening illnesses as a result of the exposure.
Of course, you know that law makers have also been reviewing and acting on legislation meant to prevent further environmental issues and protect people. They come with their own political baggage in some cases.
Just last week, the federal administration that regulates mine work updated its rules to restrict and regulate miners’ exposure to silica dust — a toxic substance responsible for thousands of deaths due to black lung disease and related respiratory complications. This comes decades after researchers warned of the dangers of silica, while thousands of miners have been diagnosed with lung disease and hundreds have died.
The new rule should support injury claims and help victims hold companies responsible when they violate regulations and overexpose their workers to toxic silica.
The EPA recently announced first-time limits on a chemical called PFAS in our drinking water. PFAS actually consists of a large number of man-made chemicals that manufacturers have been using for over 80 years.
PFAS is now considered a “forever chemical,” due to the time it takes to break down. Exposure has been linked to cancer and other serious health conditions. The law comes with funds for water treatment systems and a $10 billion class action settlement against 3M, one of the main producers of PFAS — responsible for producing 70% of all PFAS ever created since its use began.
While navigating climate change-related litigation remains complex, recent legal developments underscore a growing recognition of the need for accountability, protection and proactive measures to address environmental challenges.
Yet, there is still a lot of work for injury lawyers like us to do and far too many people who have been killed or made seriously sick or injured due to dangerous environmental conditions.
Burger Law regularly holds manufacturers, corporations and government agencies accountable when their actions hurt people and make them sick. If you were exposed to toxins in your home, developed a life-threatening condition on the job or have been harmed in any way by a company or individual’s negligence, we can fight for the recovery you need and affect policy change to hold careless actors responsible.
Call 314-500-HURT (4878) to talk to a lawyer today and find out how we can help you get the recovery you need.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by Founding Partner, Gary Burger who has more than 30 years of legal experience as a practicing personal injury trial attorney. Gary’s robust legal knowledge is recognized by his peers as demonstrated by his industry awards and frequent Continuing Legal Education (CLE) lectures.
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