ABSTRACT
Environmental lawsuits are no different from any other judicial proceeding in that the defendant has the legal right to deny the truth of the allegations and to show that even if those facts are true his actions are not wrongful or illegal under the circumstances. A defendant in an environmental law suit may have a valid defense even under circumstances where the author admits that his actions result in the degradation of the environment. In a complex, industrialized, densely populated civilization the preservation of pristine air, pure water and other environmental resources may be too much to ask of the producers of the products necessary for the continuation of our industrial economy and society. Many businesses are subject to federal, state or local regulation. These regulations create the possibility of a defense in an environmental action where the defendant may argue that he is not liable because he performed his activity in accordance with the rules of the government agency.
