Is the Government Responsible for the Environmental Contamination of Your Private Property?
File a Federal Takings Claim
When is Environmental Contamination a Federal Taking?
You may have a takings claim for environmental contamination if the federal government made your property unusable or less valuable because of toxic pollution.
Groundwater contamination is a good example of this type of taking. You may have a takings claim if the federal government stores or dumps something toxic nearby, such at foam firefighting spray made with PFAS, and those chemicals get into your groundwater or soil. This type of situation may be a form of inverse condemnation.
Inverse condemnation is when the federal government takes away your use or the value of private property but does not compensate you. This is when you may be able to file a Federal Takings Claim.
Using a Federal Takings Claim to Hold the US Government Accountable
A “taking” is another way of describing when the government “takes” land or property from a private owner, similar to eminent domain. But in the case of PFAS contamination, a federal taking is also when the government does something to “take away” the value or profitable use of your land.
Takings claims are different from the commercials you see on TV about cancer-causing PFAS in drinking water. Federal takings claims do not involve injuries or liability. Takings claims involve financial compensation.
The Fifth Amendment to the Constitution is also known as the “Just Compensation Clause” and it says private owners must be paid for their property in a government taking.
Takings lawsuits are against the federal government for money lost because of something the government did to impact your property or business. These claims or lawsuits are filed in the United States Court of Federal Claims in Washington, DC.
Examples Environmental Contamination as a Federal Taking
The Foote Mineral Co. Superfund Site in Chester County, Pennsylvania is an example of how environmental contamination can lead to a Federal Taking claim. In this case, the government used unsafe disposal practices for hazardous materials. This contamination spread to nearby properties and polluted the soil and groundwater.
The property owners sued, claiming that the contamination resulted in a taking of their nearby land because the soil and water were no longer safe. Unfortunately, the Court of Federal Claims ruled that the property owners waited too long to bring a takings claim against the federal government.
That’s why it is so important to talk with a lawyer right away. These cases can have strict deadlines. The landowners near the superfund site lost because they ran out of time.
TALK TO OUR LEGAL TEAM
Find Out If You Have a Claim
How We Can Help with an Environmental Contamination Takings Claim
If the federal government did something that contaminated your privately owned property, you may have a federal takings claim.
These types of cases are usually complicated, so you will need an attorney to represent you. The lawyers at mctlaw can help you seek the highest compensation possible for environmental contamination.
Environmental Takings Lawsuits Filed in the United States Court of Federal Claims
Our attorneys practice in the US Court of Federal Claims, which has nationwide jurisdiction over takings claims against the federal government. The purpose of this court is to decide claims against the federal government.
The Court of Federal Claims, unlike local federal district courts, only hears claims against the federal government. It does not decide criminal cases, lawsuits between companies and individuals, or lawsuits against state or local governments.
This allows the United States Court of Federal Claims to focus on and have an expertise in federal takings cases unmatched by any other court.
Our Legal Experience in the United States Court of Federal Claims
For more than two decades, mctlaw has been extremely active in the United States Court of Federal Claims, continuously representing clients before the Court, working on advisory panels of the Court, and serving in leadership of the Court’s Bar Association.
Altom Maglio
Founding Partner
Jeffrey Nelson
Attorney
This page was last updated:
Sources
- Frazer/Exton Development, L.P. v. United States, 809 Fed.Appx. 866 (2020)
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