| Environmental laws protect public health and natural resources through limiting air and water pollution, regulating the use of hazardous chemicals, and controlling waste. Under federal and state regulations, local governments can be held liable for environmental violations. Local governments are particularly vulnerable to many types of liability by virtue of their management and operation of solid waste, wastewater, public works, and water supply systems, just to name a few. Parties held liable for environmental violations can face fines, criminal penalties, and litigation. This Web page provides elected and appointed local government officials with information to better identify and manage their environmental risks. |
| Most local governments are familiar with the term liability, but fewer are familiar with the concept of environmental liability. Environmental liability is a legal obligation to make a future expenditure due to past or ongoing manufacture, release, or threatened release of a particular substance or other activities that adversely affects the environment and public health. Local governments are as susceptible to environmental liability as any other party, thus they should at least have a general understanding of the liabilities they face. Identifying liabilities, commonly referred to as potential liabilities, can give local governments the opportunity to alter their practices or adopt new practices to avoid or reduce liability and the associated impact on the local environment and human health.
Environmental liabilities can be reduced or avoided in several ways. Local governments should work towards attaining a general understanding of the vast number of environmental laws and regulations that affect them. Parties can be held liable for violations of federal and state statutes, and under common law theories such as nuisance. One long-term tool that can reduce and/or avoid environmental liabilities is the implementation of an environmental management system (EMS).
An EMS is a set of problem identification and problem solving tools that local governments can use, organization-wide or in a specific department, to save money and protect environmental resources by reducing waste, improving efficiency, and integrating environmental stewardship into everyday operations. At its simplest level, an EMS is a process that identifies trouble areas and establishes an inventory.
The resources on this page have been developed and compiled to assist local governments determine, understand, and reduce or eliminate their potential environmental liability. The Local Government Environmental Assistance Network (LGEAN) has compiled this information under a grant from the Public Entity Risk Institute (PERI). The International Municipal Lawyers Association (IMLA) also participates in the project by responding to inquiries from local government officials. The International City/County Management Association (ICMA) manages LGEAN. To learn more about the sponsors of this project click on the "Sponsors" button on the main menu or look below.
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