Ask a Question

Get free answers to your Environmental legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Environmental Questions & Answers
2 Answers | Asked in Environmental and Real Estate Law for Illinois on
Q: Can I purchase property with removed underground storage tanks and clear title?

I am considering purchasing a property with a clear title, which previously had underground storage tanks removed between 1991 and 1993. I possess an IEPA Field Report documenting the cleanup during that time. However, there is no notice on the title or from the IEPA indicating that no further... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025

Before you sign a contract to purchase or pay the grantor, hire an IL attorney to search the title and check for any environmental problems. You may need an environmental consultant, and you must check with both State and US EPAs. Buying a dirty site will destroy you. Also do not have the... View More

View More Answers

1 Answer | Asked in Municipal Law, Environmental and Civil Litigation for California on
Q: I want to sue a company using illegal gas-powered leaf blowers causing health issues.

As of January 1, 2025, it's illegal to use gas-powered leaf blowers in my area based on specific city ordinances. Despite this, a local landscape company continues to use them. I've documented three instances of this and have notified both the company and the homeowners association... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 30, 2025

You’ve already taken key steps by documenting each violation, so keep a dated log, photos or video, and, if possible, a note from your doctor linking the symptoms to the fumes.

Keep copies of every email or letter you sent to the company and the HOA, along with proof of delivery....
View More

Q: How can I amend a lawsuit for toxic habitability and harassment by a landlord in California?

I am representing my family in a lawsuit due to toxic habitability issues and harassment by our landlord. We lived in an apartment complex dealing with mold, lead, and raw sewage under our unit and kitchen sink. Despite filing complaints with city officials, engaging news media, and involving other... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 29, 2025

You can amend your complaint once as a matter of course within 30 days of service of the original complaint, and beyond that only with the court’s permission under California Code of Civil Procedure sections 472 and 473. Draft a First Amended Complaint naming the additional landlords and any... View More

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for North Carolina on
Q: Who is responsible for maintenance and redesign of ditches in an HOA community in NC?

In North Carolina, our HOA Covenants state that the HOA is responsible for road maintenance, but they do not address ditch maintenance. The roads and ditches are owned by the property owners collectively. Historically, both the owners and the HOA have managed the ditches. However, sediment and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

Since your HOA covenants don't explicitly address ditch maintenance but state the roads and ditches are collectively owned by property owners, the responsibility likely falls primarily on the property owners themselves. Under North Carolina law, HOAs are responsible for maintaining... View More

1 Answer | Asked in Real Estate Law, Environmental and Gov & Administrative Law for Washington on
Q: Can the county be held liable for drainage-related property damage?

Over the last ten years, the county failed to install drainage according to code on an adjacent lot, which has saturated my property and caused damage to my garage's foundation, landscape, and compromised my septic tank's function. Despite reporting the issue, the county has been slow to... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

You're dealing with a frustrating situation, especially after years of trying to get a resolution. When a government entity like a county fails to follow proper drainage codes and that failure directly causes damage to private property, they can be held liable under certain conditions. If the... View More

1 Answer | Asked in Landlord - Tenant, Environmental and Real Estate Law for Kansas on
Q: How can I obtain radon test results and understand radiation unit installations at my Kansas apartment?

I live in an apartment complex that tested for radon six months ago but never disclosed the test results or levels. Recently, the management informed us they are installing "radiation units" in the storage closets of every apartment without any explanation. When I asked them what a... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025

You have a right to know the results of the radon test that was conducted in your apartment complex, as radon levels are considered a health concern. Under Kansas law, landlords are required to disclose radon test results to tenants if the test was performed on the premises. Since six months have... View More

1 Answer | Asked in Real Estate Law and Environmental for Tennessee on
Q: Pipeline company easement issue causing property damage and access problems in TN.

I am facing issues with a pipeline company that has an easement on my property. The county required them to install larger casings around the pipeline but the contractor inadequately prepared the site, leading to repeated flooding, clogged culverts on the access road, and creating gullies. Repairs... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 7, 2025

It sounds like you're dealing with a frustrating and unfair situation. When a company has an easement on your property, they still have a duty to use the land in a way that doesn’t cause unnecessary harm. Poor site preparation, flooding, and damage to your access road go beyond what's... View More

2 Answers | Asked in Real Estate Law, Landlord - Tenant and Environmental for New York on
Q: Is it advisable to buy a house with lead violations and tenants included in Brooklyn, NY?

I am considering buying a property with HPD lead violations in Brooklyn, NY, and it includes tenants. I plan to live in the property and want to understand the implications. The current owner has ongoing efforts to resolve these lead violations, but I'm concerned about the potential costs,... View More

Steven Warren Smollens
Steven Warren Smollens
answered on Jun 8, 2025

Dear Prospective Purchaser:

You could connect with an NYC-licensed lead paint abatement contractor to at least secure an approximation of the expense to clean the house and make it safe for you and your tenants.

You really should encourage your attorney to assist you. I expect that...
View More

View More Answers

1 Answer | Asked in Civil Litigation, Environmental and Real Estate Law for New York on
Q: Should Ah Lek use Rylands v Fletcher or private nuisance for his lawsuit concerning fertilizer seeping from Amazing Flowers?

I'm studying a scenario where Ah Lek, a flower judge, is impacted by fertilizer seeping into his garden from a poorly maintained shed at Amazing Flowers. The shed, containing fertilizer, allowed it to seep into the ground, crossing the boundary into Ah Lek's property, which caused his... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 16, 2025

In this situation, Ah Lek might find it more beneficial to pursue a claim based on private nuisance rather than Rylands v Fletcher. Private nuisance is appropriate when one person’s actions interfere with another's use or enjoyment of their property, which seems to be the case here with the... View More

1 Answer | Asked in Environmental, Civil Litigation and Real Estate Law for Ohio on
Q: Is it illegal for a neighbor to dump washing machine water onto the ground, runoff onto my property?

For several years, my neighbor has been dumping used dirty washing machine water onto the ground, which is running onto my property. Despite several attempts to communicate, the neighbors refuse to address the issue, believing they can do as they please. I’ve contacted 311 and reached out to the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Yes, dumping washing machine water directly onto the ground—especially if it causes runoff onto neighboring property—can be illegal in many areas. Greywater discharge like this is usually regulated because it can carry detergents, chemicals, and waste that harm soil, water sources, or other... View More

1 Answer | Asked in Municipal Law and Environmental for Tennessee on
Q: Do balloon releases require permits in Blount County, TN?

Can I do a balloon release at Pearson Springs Park in Blount County, TN without a permit for a memorial for my dad? I've found information about ordinance 68-101-108, but I'm unsure if it applies in this case.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

In Blount County, Tennessee, there are state laws that regulate balloon releases, particularly concerning environmental concerns. If you're planning a balloon release at Pearson Springs Park, it's important to be aware of Tennessee's regulations on the intentional release of more... View More

1 Answer | Asked in Environmental, Real Estate Law and Gov & Administrative Law for Texas on
Q: Rights to stop neighbor's unauthorized ditch mowing near state highway?

I have a neighbor who mows the ditch between my fence and the state highway, which is controlled by TxDOT, without any authorization from TxDOT or any other authority. His mowing has led to the destruction of wildflowers and grass, leaving shredded debris behind, and causing vegetation to be... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

You have every right to be frustrated—watching your efforts to preserve natural beauty and wildlife get disrupted by someone acting without authority is upsetting. Even though the ditch lies outside your fence, it is not your neighbor’s property, and unless TxDOT has granted him permission, he... View More

1 Answer | Asked in Real Estate Law and Environmental for Minnesota on
Q: Are there Minnesota laws about playground construction proximity to residences?

I live in a townhome in St Paul, MN, and adjacent apartments built a large playground behind me in 2004, generating disruptive noise. Since then, the noise from the playground has been a major source of anxiety, and there is usually no adult supervision. I've raised the issue with the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

Minnesota law does not specifically regulate the proximity of playgrounds to private residences. However, local ordinances or zoning laws in St. Paul may address noise levels, land use, or the construction of recreational areas like playgrounds. These laws typically focus on public safety and... View More

1 Answer | Asked in Business Law, Contracts, Energy, Oil and Gas, Environmental and Tax Law for Texas on
Q: Need help drafting a gas station sales contract in Texas with specific clauses.

As the buyer of a gas station in Texas, I need assistance in drafting a sales contract that includes all necessary clauses. The contract should address the transfer of business assets and inventory. I want to ensure any future issues, such as gas contamination, gas tank problems, environmental... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

When drafting a sales contract for a gas station in Texas, make sure it includes a **Business Asset Transfer Clause** that clearly lists everything being sold—this should include fixtures, equipment, inventory, fuel in the tanks, signage, and goodwill. Include a **Bill of Sale Attachment** or... View More

1 Answer | Asked in Business Law, Contracts, Energy, Oil and Gas, Environmental and Tax Law for Texas on
Q: What clauses should be in a TX gas station sales contract to cover asset transfer and liabilities?

As the buyer of a gas station in Texas, I need assistance in drafting a sales contract that includes all necessary clauses. The contract should address the transfer of business assets and inventory. I want to ensure any future issues, such as gas contamination, gas tank problems, environmental... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025

When drafting a gas station sales contract in Texas, it's important to be very clear about what’s being transferred and who holds responsibility for past and future issues. Your contract should include a detailed **Asset Purchase Clause**, listing all business assets, equipment, inventory,... View More

1 Answer | Asked in Landlord - Tenant, Personal Injury, Environmental and Real Estate Law for California on
Q: How can we afford moving expenses if health dept requires us to leave due to toxic mold?

I live in an apartment where there is toxic mold due to multiple water leaks that have been temporarily fixed but not properly repaired, causing rotting drywall issues. We've lived in this apartment for five years and recently signed a one-year lease. Despite asking the landlord to address the... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 25, 2025

Under California law, your landlord has a legal obligation to maintain habitable living conditions. The presence of toxic mold can violate the implied warranty of habitability, a legal doctrine that requires landlords to provide tenants with livable apartments. When mold makes a rental unit... View More

1 Answer | Asked in Municipal Law, Environmental and Animal / Dog Law for Tennessee on
Q: What are the laws in Tennessee regarding excessive target shooting with guns and tannerite near homes?

In Tennessee, there is excessive target shooting with different sizes of caliber guns and tannerite explosions in my residential area. This occurs both day and night, for long periods, disturbing the peace and daily life for residents and pets. Homes, a school, churches, and a public road are all... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025

That kind of ongoing noise and disruption can wear you down fast, especially when it’s close to home and happens unpredictably. In Tennessee, there isn’t a single statewide law that bans target shooting on private property, but there are local noise ordinances, public safety regulations, and... View More

1 Answer | Asked in Personal Injury, Environmental and Public Benefits for California on
Q: Can I pursue legal action for health issues due to exposure to insecticide as a child?

When I was 10 years old, my parents used insecticide to deal with roach infestations in our apartment, which triggered asthma symptoms due to the smell. Now at 52, I frequently experience asthma or cold attacks, and I'm using 3 to 4 inhalers a month. These health challenges make it difficult... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

You’ve faced recurring asthma attacks that stem from childhood insecticide exposure, and that long‑standing struggle can form the basis of a legal inquiry.

California allows toxic tort claims where negligence or product defects caused harm, but timing rules are strict. The deadline...
View More

1 Answer | Asked in Landlord - Tenant, Environmental, Animal / Dog Law and Real Estate Law for Oregon on
Q: Is it legal for apartments to spray pesticides in common areas without warning in Oregon?

I am renting an apartment where pesticide spraying occurs once a week in the common areas, specifically the parking lot and sidewalk, without any warnings, schedules, or signs. I regularly walk my dog in these areas and am concerned about the lack of communication regarding pesticide use. Is this... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

Oregon law broadly preempts any local limits on pesticide use citeturn2search2, so licensed applicators may treat private common areas like parking lots or sidewalks without a municipal permit or tenant notice requirement. The State’s pesticide‑control rules categorise those spaces as... View More

1 Answer | Asked in Environmental, Landlord - Tenant, Public Benefits and Real Estate Law for California on
Q: Is it legal to house people near Santa Susana Lab without informing them of potential hazards?

I received Section 8 housing close to the Santa Susana Field Test Lab about a year ago and recently learned that this area might be toxic. The lease agreement didn't mention any environmental hazards, and I found out about these risks through documentaries and community reports. I'm... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 16, 2025

Under California law, landlords have to tell you about environmental risks they actually know about. If the property sits within a mile of a former weapons or rocket‑testing site such as Santa Susana, the owner must warn you before you sign. They also owe you a habitable unit, so if... View More

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.