(Environmental) Justice For All
RETHINKING ENVIRONMENTAL DISASTER REMEDIES
Alyssa Umberger
Abstract
Currently, many individuals in the United States face insurmountable challenges to successfully receiving compensation for the health and property damage they suffered due to environmental disasters, like oil and other hazardous substance spills. Although existing federal environmental laws prohibit such discharges, and the Department of Justice and Environmental Protection Agency pursue administrative, civil, and criminal penalties after these events, the individuals who were harmed are often left without a remedy. To address this issue, the United States Congress should enact a new environmental statute and accompanying trust fund. The statute and trust fund would provide a mechanism of recovery for damages for individuals whose health, property, or both were impacted by the environmental disaster. The proposed statute and associated trust fund would hybridize successful existing trust funds for medical and property damage recovery. This new law will provide a more efficient method for victims to seek compensation, reduce judicial burden, promote environmental justice, and fill the gaps in existing laws and systems to ensure environmental disaster victims are fairly treated.