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Environmental Questions & Answers
1 Answer | Asked in Environmental, Personal Injury and Construction Law on
Q: In Oct. 2020, strong winds blew toxic laden sediments from a PG&E/DTSC cleanup site (Pond)into my neighborhood and house

Despite conclusive lab evidence proving the fact, ( Polycyclic Aromatic Hydrocarbon ratios were a match, and both Pond and neighborhood samples contained large amounts of quartz), DTSC, in a July 2021 letter, claimed it could not determine the source of the sediments--that they could have come from... View More

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2022

A California attorney could advise best, but your post remains open for two weeks. The matter you describe sounds complex - it doesn't easily lend itself to a quick response. One option might be to discuss with environmental or toxic tort attorneys. Good luck

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... View More

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... View More

1 Answer | Asked in Environmental, Landlord - Tenant and Personal Injury for Arizona on
Q: I’ve been drinking poison for 2 years. Arsenic in well water on the home I leased failed test - EPA Standards.

I'm female, in my 60's, and I don't know a polite way of stating this...I've had chronic diarreah for the last 2 years which is why I had the water tested.

What are my chances of finding an attorney who would represent me, get paid when we settle, and sue this SOB for... View More

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

An Arizona attorney could answer best, but your question remains open for four weeks. It sounds like you're asking about an attorney who would handle your matter on a contingency basis (you mention payment upon settlement). It's difficult to say whether a firm would handle something like... View More

1 Answer | Asked in Environmental, Consumer Law, Products Liability and Civil Rights for Kentucky on
Q: , I pay a environmental fee Monthly on my water bill that cost more Then water usage

we’re in a crisis situation due to our water but we pay for an environmental fee every month that cost more than usage

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

What is your question?

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... View More

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... View More

2 Answers | Asked in Personal Injury, Environmental and Landlord - Tenant for California on
Q: How do I get a lawyer to see the importance in my case ,and get a response from my message left on sites like this one

Ive been months going on find a lawyer site and I haven't received any response what I doing wrong could someone explain to me what is a

Correct and what doesn't catch the legal eye cause my situation is a big case if once looked into it goes beyond the unit I live in I only hope... View More

Theodore Allan Greene
Theodore Allan Greene
answered on May 24, 2022

You should first find lawyers in your area that handle mold cases and then start calling them to discuss your case. I always suggest someone try 3-4 before making any decisions if they all are not taking on your case. Keep trying is the best advice.

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1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Energy, Oil and Gas and Environmental for Maryland on
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell

The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old... View More

Mark Oakley
Mark Oakley
answered on May 16, 2022

I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health.

Second, call your homeowner's insurance company and...
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1 Answer | Asked in Personal Injury, Environmental, Insurance Bad Faith and Landlord - Tenant for Alabama on
Q: Apartment with black mold. Management agreed to remediate but dragging their feet. I'm a senior w/ asthma. Can you help?

This has been going on almost 6 months now. Have been consulting with Legal Services Alabama. But it seems we've reached an impasse. My biggest concern is whether apartment management will replace any items that must be discarded. But they're refusing to do that. And my renters insurance... View More

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2022

This is something that an Alabama attorney is best suited to advise about, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and the mold-induced asthma. At this point, you could reach out to injury attorneys who handle mold cases. Each state can have... View More

1 Answer | Asked in Environmental and Landlord - Tenant for Maryland on
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.

We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be... View More

Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point... View More

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Puerto Rico on
Q: My neighbor is doing major earthwork and excavation on my property without permits nor my permission. What do I do?

My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank... View More

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 31, 2022

The quickest way would be for you should request an immediate "cease and desist" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership... View More

1 Answer | Asked in Environmental and Personal Injury on
Q: There is a Canadian company that was just found guilty in the US of knowingly polluting a water source where I grew up.

There is a Canadian company that was just found guilty of knowingly polluting a water source with raw mercury and lead slag (,the Columbia river). The toxic pollution was significant enough that it flowed into the United states. They were charged in an American court. I lived in the town that this... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2022

This is something you should consult with an attorney in Canada about. I am very sorry you suffered this ordeal. In the U.S., venue for a lawsuit can be based on the location of the defendant, with additional tests applied to corporate defendants. An attorney in Canada should be able to advise on... View More

3 Answers | Asked in Criminal Law, Agricultural Law and Environmental for Texas on
Q: I got a warning but no citation, do I have to appear in court?

I got a warning from a TPWD Game Warden for no hunter's safety certificate. I was told to email proof of completion to the local judge and the issue would be resolved, i wouldn't have to appear in court (I have already done so). There is a handwritten appearance date at the bottom, what do I do?

Penny Wymyczak-White
Penny Wymyczak-White
answered on Mar 20, 2022

Call the court and make sure that you don't have to appear

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1 Answer | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: I am being exposed to cleaning chemicals at work, by a business next door to where I work. Can I take them to court?

They say they are allowed to dump there by the City of Sedona, I stand above the drainage pit all day for 9.5 hours every day, for 8 years, burning eyes, throat, lungs. I have complained to my boss, his boss, the business that's dumping, and the city of sedona, who says they are allowed to do... View More

Joel Friedman
Joel Friedman
answered on Feb 25, 2022

Thank you for your inquiry. I see a couple of issues you want to follow up. I would first contact the Arizona Department of Occupational Safety and Health (https://www.azica.gov/forms/adosh2213) and the US Department of Occupational Safety and Health (I don't have a link to the federal form),... View More

1 Answer | Asked in Contracts, Appeals / Appellate Law, Environmental and Land Use & Zoning for Florida on
Q: Live in a CDD, adjacent to StormWater Area & wetland. Purchased for privacy. Area behind my home is floodzone AE.

There's a "No Public Access" permit condition in deed restrictions, "no public access" sign at entrance. The plat illegally shows "RECREATION"

People ignored the sign, talking and disturbing me at all hours. Property Mgmt sent a letter stating the area... View More

Barbara Billiot Stage
Barbara Billiot Stage
answered on Feb 19, 2022

You can use the “Find a Lawyer” link on this page. Lawyers cannot contact you first. The dismissal with prejudice seems very harsh just for not attaching the documents.

1 Answer | Asked in Energy, Oil and Gas, Environmental, Personal Injury and Wrongful Death for New York on
Q: Was there any kind of settlement for the people in sugarcreek missouri for the ammaco oil refinery spill

I know at one point there was a letter sent to my grandmother in regards to a settlement but it was determined we wasn't zoned in. I understand we were zoned in at a later date. My grandmother and grandfather both died of cancer in that rachet town because of the oil spill and I feel justice... View More

Tim Akpinar
Tim Akpinar
answered on Feb 4, 2022

I'm sorry for the loss of your grandmother and grandfather. You could search online for case records of individual claimants under the spill (or its associated clean-up and remediation efforts), or whether a class of plaintiffs was formed. If venue for the action was in Missouri, another... View More

1 Answer | Asked in Environmental and Land Use & Zoning for New Mexico on
Q: What law pertains, Neighbor changed flow of storm water by blocking arroyo and thus causing damage to road and dwellings
Robert King Reges Jr.
Robert King Reges Jr.
answered on Jan 31, 2022

The first question you have to answer is whether New Mexico treats an "arroyo" as a "watercourse" or as a mere "drainway" for precipitation. Most states disallow blockage of a "watercourse" (bed, banks and reasonably consistent source of water) unless... View More

1 Answer | Asked in Personal Injury, Workers' Compensation, Antitrust and Environmental for Missouri on
Q: Work comp

If im working at a none livable hoirly wage and get an inspection that Takes my lifes work away because they understamated me what do i do

Ronald J. Eisenberg
Ronald J. Eisenberg
answered on Dec 13, 2021

I suggest you revise your post because it is hard too follow and too vague to answer. I assume you meant you received an "injury" rather than an "inspection." If you were injured at work, contact a workers' compensation attorney to evaluate the situation.

1 Answer | Asked in Civil Rights, Employment Discrimination, Environmental and Identity Theft for California on
Q: How do resolve current issues
Maya L. Serkova
Maya L. Serkova
answered on Nov 13, 2021

Your post is missing the actual facts. Please resubmit your question with a description of your issues. This will help us better assist you.

1 Answer | Asked in Energy, Oil and Gas and Environmental for Michigan on
Q: Hello -who can I contact about oil well noise-Onondaga,mi

constant banging day and night--is maddening worse in the evening

James Tack Jr
James Tack Jr
answered on Oct 5, 2021

You should contact the oil and gas company who is operating of the well.

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