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Environmental Questions & Answers
Q: Can we the people of NJ sue the government to stop the industrialization of our oceans?

The surveying of our oceans during pre-construction is killing our marine life, fishing industry, property values tourism hurting human health and will cause our electric bills to sky rocket. No one wants them. Our NJ Governor Phil Murphy gave the Danish company $1 billion of our tax payers money... View More

James L. Arrasmith
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answered on Sep 11, 2023

Certainly, concerned citizens have legal avenues to assert their rights and raise their grievances against government actions that they believe are harmful to the environment and the community. In the context of New Jersey and the actions of Governor Phil Murphy that you described, there are a... View More

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1 Answer | Asked in Environmental for Colorado on
Q: Hello. What are the required mandatory laws of upkeep of cemetaries in Colorado? I have been searching for hours.
T. Augustus Claus
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answered on Jul 31, 2023

Colorado does not have specific statewide laws regarding the mandatory upkeep of cemeteries. The management and maintenance of cemeteries are typically governed by local ordinances and regulations established by the city or county where the cemetery is located.

1 Answer | Asked in Environmental, Landlord - Tenant and Personal Injury for Louisiana on
Q: What should I do about living with mold and rodents. I deal with a strong wet Mildew Horrible smell Throughout My Apt.

I Also Have Laundry Backed Up, Due To the dryer keep going out on me & washer fills with water for no reason. I Made Multiple Complaints For Months Now They Haven’t Did Anything But Take Pictures & Tell Me Someone Going To Come But Never Do.

Tim Akpinar
Tim Akpinar
answered on Aug 1, 2023

A Louisiana attorney could advise best, but your question remains open for two weeks. If you suffered illness or health effects, you could try to arrange a free initial consultation with a personal injury attorney. Unfortunately, many law firms are reluctant to handle mold cases. Retain any medical... View More

1 Answer | Asked in Criminal Law and Environmental for Kansas on
Q: Can you be charged a misdemeanor for not having water on? And can you be a mayor and a code enforcement officer?
T. Augustus Claus
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answered on Jul 18, 2023

In Kansas, the specific laws and regulations regarding water usage and requirements may vary depending on local ordinances and circumstances. While I can't give you a straight answer on the misdemeanor charge, it's crucial to understand that local authorities may have their own rules and... View More

Q: How would the new bill Govenor Newsom signed for Waterfowl effect our property if Mallard ducklings did damage to our p

On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to... View More

James L. Arrasmith
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answered on Jul 23, 2023

The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not... View More

2 Answers | Asked in Real Estate Law and Environmental for New Jersey on
Q: Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property.

Hello. I have an issue with my neighbor who is pushing me to remove healthy tall oak trees on my property. Neighbor is assuming that these trees are dangerous and can fall any time soon and present nuisance. I got verbal consultation from tree professional NJ licensed arborists. All of them... View More

John Michael Frick
John Michael Frick
answered on Jun 7, 2023

Have the licensed arborists you consulted put into writing that the trees are healthy and do not present a danger. If you are contacted by the attorney, send that written opinion from the licensed arborists to the attorney and say you have no intention of removing healthy tall oak trees from your... View More

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1 Answer | Asked in Environmental, Health Care Law and Small Claims for Maryland on
Q: Hi can you sue someone a free they knowingly let you in their house with flea infestation
Mark Oakley
Mark Oakley
answered on Jun 5, 2023

Unless they intentionally planned to cause you to be infested with fleas without your realizing it, for some malicious reason or purpose, and you can prove that, then no. Same goes for suing someone because you caught a cold or the flu from them when they knew they were sick but failed to warn... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... View More

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... View More

1 Answer | Asked in Environmental and Land Use & Zoning for New Jersey on
Q: Are these certain requirements that s town must fulfill before putting up a four way stop sign in New Jersey? L

This is a soon to be four way stop intersecting with a dead end. Traffic will soon back up to blocking my garage not to mention the pollution and noise that will be generated. They took down a tree and will greatly affect my quality of life. I don’t believe they conducted traffic studies... View More

Morris Leo Greb
Morris Leo Greb
answered on May 12, 2023

The steps necessary for matters involving street signage are governed by NJDOT. What can be done is determined by the street classification.

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental on
Q: Please help

I grew up across the river from tek cominco in Trail BC. They lost a case in the United States where they admitted to dumping toxic chemicals directly into the Columbia river. My life was directly impacted by these actions also. It has been proven that exposure to the chemicals involved cause... View More

Tim Akpinar
Tim Akpinar
answered on May 11, 2023

This is something you'd need to discuss with an attorney in Canada. This forum deals mainly with legal actions in U.S. courts. Good luck

1 Answer | Asked in Environmental for California on
Q: I am filing a writ of mandate against the California Air Resources Board. Can I file in Los Angeles Superior Court

They have an office in El Monte. Can I file here or do I have to file in Sacramento

James L. Arrasmith
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answered on May 6, 2023

If you are filing a writ of mandate against the California Air Resources Board, you can generally file in any superior court in California. However, it is recommended that you consult with an attorney or do your own research to determine the most appropriate venue for your specific case.

In...
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1 Answer | Asked in Civil Litigation, Environmental and Small Claims for New York on
Q: There's a small furniture store that has been running a loud generator and disturbing the neighborhood in their alleyway

My backyard and home is directly next to the alleyway. They have been running the generator since October 2022, its loud and annoying and is usually on for 7-8 hours daily. The odd thing is, the store is usually closed but the generator is turned on daily. I have lived in my home for nearly 30... View More

Michael David Siegel
Michael David Siegel
answered on Apr 1, 2023

Call 311 in NYC. The Department of Buildings can issue a violation.

1 Answer | Asked in Agricultural Law and Environmental for California on
Q: Why are bees fish?

In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?

James L. Arrasmith
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answered on Mar 16, 2023

Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish.

As for the issue of insects having...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA

Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area!

Joel Friedman
Joel Friedman
answered on Mar 10, 2023

Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and... View More

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1 Answer | Asked in Consumer Law, Personal Injury, Environmental and Health Care Law on
Q: What do I do? I financed a vehicle from a used car dealership and since it's been giving me migraines.

I live in Ontario, Canada. I financed a used vehicle from a place named Montero Auto Center. Since I got it, it's been making me sick, giving me migraines and fevers, even panic attacks which I never ever got before! I notice the trunk had mold in it and the dealership doesn't answer my... View More

James L. Arrasmith
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answered on Mar 5, 2023

If you are experiencing health issues and suspect that the vehicle you purchased from Montero Auto Center is causing the problem, you should take the following steps:

Get the vehicle inspected: Take the vehicle to a qualified mechanic or auto body shop to have it inspected thoroughly,...
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2 Answers | Asked in Criminal Law, Environmental and Civil Rights for California on
Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ

another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some... View More

James L. Arrasmith
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answered on Mar 5, 2023

Regarding your first question, California's Constitution and laws require public entities, including local governments and state agencies, to provide certain services to the public. For example, the California Constitution guarantees the right to a public education, and the state's... View More

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Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... View More

James L. Arrasmith
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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... View More

1 Answer | Asked in Environmental, Land Use & Zoning, Real Estate Law and Construction Law for Alaska on
Q: Can I be denied permits for a very large developement project on my land on the basis of keeping the land undeveloped?

Lets say I own a deeded 64,000 acre block of forested land with no conservation easments. Then lets say I want to build a town on this land. Houses, subdivsions, trailer parks, businesses, industrial zone, roads. highways, etc. Assuming all the structures to be built are up to code and don't... View More

Terrence H Thorgaard
Terrence H Thorgaard
answered on Mar 23, 2023

Assuming that your land is in an organized borough or municipality, yes, there are many factors that might make it difficult to develop the land. Check with the code enforcement office of your borough or municipality to see what you might need to do.

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Municipal Law for Pennsylvania on
Q: I believe my neighbor may be digging and doing construction work without the proper permits. What options do I have?
James L. Arrasmith
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answered on Mar 2, 2023

If you suspect that your neighbor is doing construction work without the proper permits, there are a few options you can consider:

Contact your local building department: You can contact your local building department to report any suspicious construction activity. They can investigate...
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1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... View More

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... View More

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