Albany Environmental Lawyers

Bailey, Johnson & Peck, P.C.​ provides legal advice and representation to individuals, corporations, and municipalities accused of environmental torts. As experienced environmental lawyers, we fully understand the complex legal, medical, and damages issues that arise in environmental litigation. Our experienced environmental attorneys help our clients formulate effective defense strategies with our extensive knowledge of environmental laws. Call 518-456-0082 today.

environmental lawyers

Types of Environmental Tort Claims

Environmental lawyers at Bailey, Johnson & Peck, P.C. help many corporate and business clients effectively defend their businesses and their reputations against all types of claims related to New York environmental law. We also advise and represent municipalities throughout New York State. Our firm can provide legal guidance and defense in environmental issues involving any of the following:

  • Asbestos claims
  • Lead paint
  • Arsenic poisoning
  • Mercury poisoning
  • Ruptured underground storage tanks
  • Water contamination
  • Toxic mold
  • Natural resources damages (NRDs)

Below, our environmental lawyers provide in-depth information about the health and legal consequences associated with these environmental matters.

Asbestos Poisoning

Asbestos is a natural fibrous silicate mineral that is most commonly used in floor tiles, cement, and even insulation. Federal and state agencies began regulating asbestos products in the 1970s because they realized that it can cause serious health conditions. New York environment laws now detail asbestos safety training, asbestos transportation, asbestos removal, and so much more. Because of the extensive nationwide environmental regulations regarding this dangerous mineral, instances of poisoning and exposure have decreased dramatically over the years.

Long-term asbestos exposure can lead to a chronic lung disease called Asbestosis. In some cases, asbestos poisoning can lead to Mesothelioma, which is a type of respiratory cancer. Both lung conditions are incredibly serious and can lead to medical debt and legal issues.

Most people don’t realize that they’ve been exposed to or poisoned by asbestos until 10 to 40 years down the line. Common symptoms include:

  • Difficulty breathing and shortness of breath
  • Constant dry cough
  • Chest pain or tightness
  • Crackling sounds in your lungs when you breathe in
  • Clubbing of fingers and toes, which is basically when your fingers and toes look rounder and wider than usual

Asbestos poisoning occurs when people inhale asbestos dust particles over the course of months or years. The people who are most commonly afflicted with this respiratory disease are those who worked in the following positions up until the 1970s:

  • Asbestos mining
  • Car and plane mechanics
  • Construction workers
  • Shipyard workers
  • Mill and refinery workers
  • Railroad workers
  • Boiler operators
  • Workers who removed asbestos insulation from old steam pipes
  • Electricians

Second hand asbestos exposure is also possible. If you lived with someone who worked in one of these positions before the 1970s, you could have inhaled asbestos dust particles from their clothing. However, this level of secondhand exposure is generally minimal. Those who spent years of their lives inhaling this harmful material are the most at risk.

At Bailey, Johnson & Peck, our legal team can advocate for both the defendant and the plaintiff in this situation. In other words, we have the necessary environmental litigation experience necessary to defend both the asbestos poisoning victim and the company being sued for asbestos poisoning.

environmental lawyers

Lead Poisoning

Lead poisoning is most common in young children who eat lead-based paint chips. However, anyone could suffer from lead poisoning through lead-contaminated dust, soil, air, water, etc. Unfortunately, lead poisoning is incredibly dangerous and can lead to wrongful death in some scenarios.

Symptoms of lead poisoning don’t appear immediately. Generally, symptoms don’t appear until the person has an incredibly dangerous amount of lead in their system.


Children can present different lead poisoning symptoms compared to adults. Common symptoms include:

  • Sudden loss of appetite
  • Stomach pain
  • Vomiting
  • Developmental delays
  • Learning difficulties
  • Extreme fatigue
  • Weight loss
  • Constipation
  • Seizures
  • Irritability
  • Hearing loss

In the most serious cases of lead poisoning, children can suffer irreversible brain damage or a traumatic brain injury. 


Adults who have lead poisoning may experience the following symptoms:

  • Stomach pain
  • Memory loss
  • Concentration issues
  • Headaches
  • Changes in mood
  • Muscle pain and joint pain
  • Abnormal sperm or low sperm count
  • High blood pressure
  • Pregnancy and birth complications including miscarriage, stillbirth, or premature birth

You can basically get lead poisoning over time by using or consuming any products that contain lead. Paint, canned goods, water pipes, soil, toys, and cosmetics, for example, have been known to make people sick due to the lead content. In the U.S., state and federal agencies banned lead-based paint for homes and toys in 1978. However, there are plenty of American homes that were built before the ban that still exist. Many of these homes may still have lead-based paint on the walls. The U.S. has also banned lead solder in food cans, although lead solder is still allowed in some countries.


People in certain jobs can also develop symptoms of lead poisoning over time. Chemical manufacturers, car repairmen, pipe fitters, miners, painters, construction workers, and more can suffer life-threatening complications from long-term lead exposure.


If you or your child suffered lead poisoning due to someone else’s negligence or you’re being sued for causing lead poisoning, call the environmental attorneys at Bailey, Johnson & Peck today.

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Mercury Poisoning

Mercury is a naturally occurring heavy metal that doesn’t affect the average healthy adult in very small amounts. However, too much mercury can cause major health complications.

Symptoms of mercury poisoning vary in children and adults. Generally, the more mercury you have in your system, the more severe your symptoms are.


Children with mercury poisoning may experience the following symptoms:

  • Cognitive delays
  • Difficulty with fine motor skills
  • Delayed speech and language
  • Lack of visual-spatial awareness


Meanwhile, adults with mercury poisoning may experience even more symptoms than children, including:

  • Sudden changes in mood or mood disorders such as increased anxiety, depression, and irritability
  • Memory loss
  • Numbness and tingling in the limbs
  • Frequent and unexplained shakiness or tremors
  • Muscle weakness
  • Difficulty hearing or speaking
  • Lack of coordination
  • Walking difficulties
  • Changes in vision

Mercury poisoning that isn’t treated promptly in both children and adults can lead to permanent neurological dysfunction.

The most common cause of mercury poisoning among adults is eating too much fish or seafood. All types of seafood contain mercury due to the water they live in. But some types of seafood have higher levels of mercury than others. For example, canned tuna has much higher levels of mercury compared to salmon. That’s why most healthcare professionals recommend eating no more than 2 servings of fish on a weekly basis.


People can get poisoned by mercury in other ways too. Dental fillings, broken thermometers, cosmetics, toxic air exposure, broken CFL bulbs, and gold mining can all lead to mercury poisoning over time.

Arsenic Poisoning

Arsenic is a naturally occurring metalloid that’s very dangerous to human health. Too much exposure can lead to a condition called arsenicosis, which is basically arsenic poisoning. The metalloid doesn’t have a smell or a taste, so humans could easily inhale or consume arsenic without even knowing it.

The World Health Organization (WHO) says that symptoms of arsenic poisoning can appear within 5 years of initial exposure. Additionally, arsenic poisoning generally affects the skin first. Common symptoms include:

  • Skin that’s swollen or red
  • New warts or lesions on the skin
  • Recent skin darkening
  • Stomach pain
  • Nausea, vomiting, or diarrhea
  • Abnormal heart activity
  • Tingling in the fingers and toes
  • Muscle cramps
  • Constant sore throat
  • Death

People are most commonly poisoned by arsenic through contaminated water. Groundwater can naturally contain arsenic from the soil, but runoff from nearby industrial plants can also contribute to arsenic contamination. Other common causes of arsenic poisoning include:

  • Smoking cigarettes or cigars
  • Breathing toxic air from nearby industrial plants or mines
  • Living in a large, industrialized area
  • Exposure to landfills and other hazardous waste sites
  • Eating foods that are contaminated with traces of arsenic

Luckily, the Environmental Protection Agency (EPA) has nationally recognized guidelines for keeping our air, water, and public land as healthy and safe as possible for humans. Because breathing in contaminated air is a common cause of arsenic poisoning, the EPA enacted the Clean Air Act in 1990. The Clean Air Act was one of many climate change law enforcement actions that are designed to create cleaner, healthier air for not only our people but our Earth too. Companies and municipalities that fail to comply with environmental laws like this – and end up making people sick – can face environmental litigation.

Water Contamination

One of the many ways that someone could get poisoned by mercury or arsenic, for example, is through drinking or swimming in contaminated water. According to the U.S. Environmental Protection Agency (EPA), water can have many different types of contaminants. Contaminants can be physical, chemical, biological, and radiological. All of these types of contaminants can cause major health complications. 

If you believe that your city or water supply service is failing to follow water laws enforced by the EPA or the Department of Health and you are experiencing health complications as a direct result, you may have grounds to sue. Our environmental lawyers have extensive knowledge of water law in New York. We can defend both victims of water contamination and those accused of water contamination in a court of law. 

Toxic Mold

When people think of toxic mold, they are generally thinking of black mold. But people who struggle with allergies and asthma can experience negative health side effects from most types of mold, not just black mold. So if you notice any type of mold growing in your house, it’s best to get rid of it as soon as possible.

Mold can quickly grow and spread in humid, warm, and wet areas. Common mold sites include bathrooms, basements, and window sills. 

Symptoms of Mold Exposure

Long-term exposure to mold can lead to the following symptoms:

  • Coughing
  • Difficulty breathing and shortness of breath
  • Constant congestion
  • Sneezing
  • Scaly and dry skin
  • Itchy eyes, nose, and throat

Many old houses and apartments can contain toxic mold. If you recently moved into an apartment or other real estate and your landlord or home inspector failed to warn you of toxic mold, you may have grounds to pursue legal action. Additionally, if your landlord or home inspector failed to get rid of the toxic mold, you could pursue legal action, especially if the mold exposure has made you sick.

environmental lawyers

Call Albany Environmental Lawyers at Bailey, Johnson & Peck Today

Each environmental lawyer works with New York State law. At Bailey, Johnson & Peck, our environmental lawyers have the successful track record necessary to represent clients suffering from or accused of environmental law claims in the following counties:

  • Albany
  • Schenectady
  • Rensselaer
  • Saratoga
  • Fulton
  • Montgomery
  • Warren
  • Washington
  • Greene
  • Columbia
  • Ulster
  • Dutchess
  • Orange
  • Cayuga

If you face a claim regarding an alleged breach of environmental laws, contact the environmental lawyers at Bailey, Johnson & Peck, P.C. at 518-456-0082 or complete our contact form. Retaining an experienced environmental defense lawyer is the first step to resolving the issue.

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