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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. Parties held liable for environmental violations can face fines, criminal penalties, and
litigation. 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. |
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About Environmental Liability Continued |
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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. 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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