Environmental Law

Legal Representation for Environmental Damages in the Gulf Coast

Our environment has grown more polluted every year, affecting the air that we breathe and the water that we drink. Companies in both Florida and Alabama produce a tremendous amount of industrial waste. Farmers spray their land with potent chemicals that can wind up in our waterways. Although asbestos is now highly regulated, workers were exposed to fibers on a daily basis for many years, and many are only seeing the effects now in the form of mesothelioma. When a corporation willfully or negligently pollutes air, water, or land with dangerous chemicals or other hazards, and innocent people suffer as a result, the corporation at fault should be held accountable for the consequences. At Milam & Milam, our lawyers are ready to use regulations in the area of environmental law to defend your rights, health, and wellbeing in the Gulf Coast region.

The Impacts of Hazardous Materials on Home and Health

Every claim of environmental damage is different based on the toxin involved, the method of exposure, and the type of property damage or illness that results. It is common for these cases to involve multiple property owners who allege claims of water, soil, and air contamination as well as personal injuries. For example, a poorly maintained construction site near your property may have polluted runoff that damages your property and gets into the soil in your vegetable garden. At Milam & Milam, we are ready to protect your property and the natural resources near your home from the destructive practices of negligent builders, contractors, and engineers.

The EPA has authority to require reporting, record-keeping, and testing under the Toxic Substances Control Act of 1976. This statute addresses the use and disposal of asbestos, radon, lead-based paint, and polychlorinated biphenyls (PCBs). It can require testing of chemicals by manufacturers, importers, and processors when risks are discovered. It can also require those importing or exporting chemicals to comply with certain reporting requirements. Under Section 8(e), manufacturers that obtain information reasonably supporting the conclusion that a substance presents a substantial risk of injury must immediately inform the EPA. Failure to follow the rules detailed in the Toxic Substances Control Act can result in liability.

It is often difficult to show causation in toxic tort cases. This is because illness and damages may not emerge until years or decades after exposure to the toxins. Plaintiffs may have encountered multiple potentially hazardous materials in that time, and it can be difficult to trace the source of the illness to the defendant. It may also be difficult to figure out which prospective defendant is actually responsible. For example, residents who live in an industrial neighborhood may believe there is a link between a high rate of cancer and water contamination, but when there are a number of local manufacturing plants, it may not be clear which of them is responsible for the harm.

Moreover, the documents associated with the initial exposure may no longer exist, and memories of witnesses are fuzzier and less reliable after years pass. These cases may come down to a contest of experts and their studies. A single scientific development can completely alter the law related to a particular toxic tort. For example, a study showing that a chemical causes neurological difficulties could permit plaintiffs to win a large award after similar lawsuits in previous years had not been successful.

Toxic Tort Trial Lawyers Serving Alabama and Florida

If your home or health has been harmed by corporate failures to follow EPA regulations, we can help you sue for any resulting damages. The environmental lawyers at Milam and Milam have 25 years of combined experience in Alabama and Florida. We are located near Mobile, in the Baldwin County city of Fairhope, and we also practice in Florida cities such as Pensacola and Panama City. Our use of cutting-edge technology, clear communication, and ethical strategies help maximize the chances of compensation for our clients in challenging environmental cases. Contact us by calling 251-928-0191, or request a consultation through our online form.