An Overview
Identifying the applicable laws and regulations, the appropriate claims to assert and the best venue is an important first step in pursuing compliance on a complaint for wood smoke air pollution.
Options– There are specific legislatively enacted laws and regulations – Federal, State, County, and Municipal – and common law actions i.e., negligence, nuisance and trespass that can regulate air pollution, smoke, odor, particulate, soot, and emissions, and that can apply to wood smoke air pollution.
Application – Determining the appropriate law(s) and regulation(s) that apply to any complaint may vary depending on the nature of the violation, the evidence, and the location of the violation.
Venue – To the extent that a choice exists, choice of venue for a specific claim should be appropriate to the complaint, the complexity of the case, the budget the evidence, the schedule, the desired type of trial, and the rules that apply.
The diagram below illustrates certain considerations related to reviewing applicable laws and regulations dealing with wood smoke air pollution. Click the desired topic in the drop-down menu under the Laws tab to explore these topics further.
