By September 7, 2018 No Comments
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Environmental Law

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If You Have Questions about Florida's Environmental Laws, Consult with an Environmental Attorney

Environmental law often overlaps into other legal areas, including real estate.  Depending on the type of land, environmental laws may restrict what type of structure may be built upon it, or forbid construction altogether.  Before you purchase piece of land to build your home or business, make sure zoning and environmental laws won’t keep your dreams from becoming reality.

The chief concerns of environmental law are conserving our natural resources and controlling pollution.  Controlling pollution can mean something as mundane as issuing minor fines for littering to pressing criminal charges against heads of industry for toxic dumping violations.  Conserving natural resources covers many different areas as well, from restrictions on what days you can water your lawn, to helping maintain wildlife populations by limiting hunting to specific seasons or outlawing the hunting and fishing of specific species entirely.  The Endangered Species Act (ESA) has helped save a number of plant and animal species from extinction.

In the United States, the Federal body overseeing environmental law is the Environmental Protection Agency (EPA), established in late 1970.  It was created as a result of The National Environmental Policy Act (NEPA) to administer the Clean Air Act along with other eco-conscious duties.  The role of the EPA continues to grow as progress marches forward.  Programs focused on creating more efficient household appliances and even climate change are currently in effect.

Environmental laws are in place to protect you and your home.  If you have a neighbor who causes damage or harm to your property due to their pollution, you may be able to receive compensation under common law.  Common law practices allow land-owners to sue for either nuisance or even under theory of trespass.  Cases such as these are determined on an individual basis, so it is important to contact an attorney right away if another party’s pollution is keeping you from a good night’s rest.

We have 13 locations throughout Florida, We are pleased to serve your legal needs in environmental litigation matters in the location that is most convenient to you.  Our offices are located in Orlando, Clermont, Cocoa, Daytona, Gainesville, Kissimmee, Leesburg, Melbourne, Ocala, Orange City, St. Cloud, Titusville, and The Villages  Our Trial Attorneys work aggressively and diligently to ensure your family legal matter is handled with the care you would expect from a law firm that has been around for over 40 years.

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Frequently Asked Questions

If my home/property has flooding damage due to a neighboring development, what can I do?

You should immediately contact an experienced attorney to assist you.  That attorney will work with an experienced storm water engineer to determine the exact source of flooding and who is responsible for the damages to your property.  Once the source of storm water is determined, then the attorney can file a lawsuit on your behalf against those responsible.

How will I pay for it?

Depending on the type of flood insurance you have, that flood insurance may pay for the damages.  However, if you did not have flood insurance, you could take out a home equity line of credit (HELOC) to pay for the cost of litigation so that you can repair your damaged home, build a retention wall, or (worst case scenario) move to another location.

May I have the other side pay for my attorney’s fees?

No, under the American Rule, attorney’s fees are only a shifting expense when there is a contract or a statute that provides for entitlement to attorney’s fees.

How can We Help

Bogin, Munns & Munns Can Help with Your Environmental Case

As a home or business owner, Florida environmental laws may benefit you.  Eco-friendly upgrades such as solar panels and “smart” windows may entitle you to unexpected savings or tax benefits.  Consult a Florida environmental law attorney today to find out if you may qualify.

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Request a consultation by filling out the form below, or call us at 855.686.6752. We have over a dozen offices located in Orlando and across Central Florida. We’re happy to answer any of your questions.

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