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Oklahoma Environmental Questions & Answers
1 Answer | Asked in Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: Once a zoning law is put in place, can it be reversed? Our county clerk says once a law is in place it can’t be changed?

Craig county in OK., is getting ready to vote on zoning concerning wind turbines. The county clerk states once in place it’s basically there forever.

Charles Watts
Charles Watts
answered on Oct 7, 2024

The answer technically is yes it could be reversed .... Theoretically it is not in place forever, but to remove it takes the same procedures as it does to add it. In other words, if your county commissioners are required to have 75% approval to pass something into law, then to 'change'... View More

1 Answer | Asked in Environmental, Gov & Administrative Law, Military Law and Wrongful Death for Oklahoma on
Q: My husband was in the army and died from a presumptive illness caused by the toxic fumes from the burnpits can I sue

He died in 2019 as a result of ALS, parkinsons disease and multiple sclerosis. He was 100% service connected disabled and the army did take responsibility and it was a presumptive illness, "

"Gulf War syndrome" caused by toxic fumes from the burn pits, Jason was 39 years old when he passed from ALS

James L. Arrasmith
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answered on Jul 28, 2024

I'm very sorry for your loss. Given the circumstances, you may have legal options. Since the military has taken responsibility and classified your husband's illness as service-connected, you could potentially pursue a lawsuit against third parties involved with the burn pits, such as... View More

1 Answer | Asked in Civil Rights, Environmental, Land Use & Zoning and Municipal Law for Oklahoma on
Q: How do I make to where I don't have to mow my yard? How can I make this work to feed the bees and let nature be natural?

I wanna feed the bees w/ the natural growth of my yard, I don't have time to plant flowers or mow my yard. I don't have the money nor the time to take care of it and I love suppling the wild life with a safe natural home and food. It's my home I don't see what's wrong with... View More

Charles Watts
Charles Watts
answered on May 8, 2024

While I understand your preference, the city is allowed to enact city codes for the safety and welfare of the citizens within the city limits. Tall grass is one of these items because, whether we agree or not, can create a hazardous condition in the event of grass fires. Unfortunately this... View More

1 Answer | Asked in Criminal Law, Environmental, Federal Crimes and Gov & Administrative Law for Oklahoma on
Q: I am needing to make sure of the OK laws regarding selling a inherited walrus tusk that has cribbage board on it on ebay

I have tried researching it but I'd rather be 100% that it wouldn't be illegal because I don't want to get in trouble if it is illegal.

James L. Arrasmith
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answered on Jan 13, 2024

Selling an inherited walrus tusk with a cribbage board on eBay can be legally complex, as it involves wildlife regulations. In the United States, walrus ivory is subject to the federal regulations of the Marine Mammal Protection Act (MMPA) and the Endangered Species Act (ESA). These laws prohibit... View More

1 Answer | Asked in Contracts, Environmental and Workers' Compensation for Oklahoma on
Q: I am doing make ready on apartment units that are frequently plagued by black mold. What are my rights?

I am curious about the discovery of black mold and compensation for removal.

T. Augustus Claus
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answered on Oct 13, 2023

As a worker, you have the right to a safe work environment, including protection from exposure to black mold. If you are exposed to black mold and become sick, you may be entitled to medical care and workers' compensation benefits. For personalized legal advice tailored to your unique... View More

2 Answers | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: A neighbor has dammed and rerouted water way with dozer and excavator. Altering flood plain and threatening residence.
Anthony M. Avery
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answered on Sep 16, 2021

Adjoining landowners are entitled to adjacent and subjacent support of their real property. But to prove this Tort will be difficult. Some type of engineer will be a necessary expert witness here. Also contractors will have to testify as to the costs of restoring the land, that is a large part... View More

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1 Answer | Asked in Business Law, Construction Law, Criminal Law and Environmental for Oklahoma on
Q: What is the law about distance of a dispensary to a baseball field in Oklahoma?

Distance of baseball field to dispensary

Charles Watts
Charles Watts
answered on Sep 7, 2021

There is not one. The limitation is in reference to a public or private school, so unless this baseball field is on school property, then there is no restriction currently.

0 Answers | Asked in Criminal Law, Civil Rights and Environmental for Oklahoma on
Q: The Public's right to access and clean up public land

Does the public have the right to access public land for the purpose of cleaning up and remove trash materials

1 Answer | Asked in Environmental for Oklahoma on
Q: people is dying at astronimical rates with all types of cancers,esrd, strokes etc.- vastly in certain neighborhoods,

i have done some research and found a common demominator which is cancer agents in water supply, i am sure there are many more common denominators-what is my recourse to handle this situation with justice

Tim Akpinar
Tim Akpinar
answered on Jan 24, 2019

The situation you describe sounds like cancer clusters or disease clusters, where the incidence of disease, illness, cancer appears in certain geographic regions. As a starting point, you could consult with an attorney who handles environmental/toxic tort cases, meaning that the attorney would have... View More

1 Answer | Asked in Environmental for Oklahoma on
Q: what are the recourse from drinking water with cancer causing agents all of our lives now people are dying 30 years

before time span of numerous types of cancers, autoimmune diseases, lupus,diabetes,esrd with dialyses, strokes

many in multiple families as well as neighborhoods, this is uncanny and cannot no longer be overlooked. i have done research and this has been going on for over 30 plus years. this... View More

Tim Akpinar
Tim Akpinar
answered on Jan 31, 2019

These types of cases tend to be complex and expensive to prosecute. They can involve the testimony of costly scientific experts, and require analytical tests of drinking water and other resources that were subject to contamination. As a first step, you could consult with an environmental/toxic tort... View More

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Q: Public nuisance codes in small town stonrwall,OK.74871
Richard Winblad
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Richard Winblad
answered on Dec 31, 2017

Visit your county courthouse. The law library is supposed to have a copy of the city laws/ordinances. City hall should also have a copy.

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Q: How can we stop our neighbor from nuisance burning trash?

We live outside city limits near Enid, Oklahoma and our neighbor burns hay that has been soaked in goat urine and feces as well as burning her household trash every day. The piles are burning and/or smoldering constantly and the smell is horrible. Our home, clothes, cars, and even hair smell like... View More

Gregory Andrews Cade
Gregory Andrews Cade
answered on Apr 18, 2017

Consult an Oklahoma personal injury attorney; you might have a private nuisance case which can be remedied by an injunction or money damages. Good luck.

1 Answer | Asked in Environmental for Oklahoma on
Q: What environmental laws affect probate

A Metal Planting operation has closed after 45 years in operation; the original owner died, and the sons are selling the property. Are there any environmental laws related to this matter?

Howard Berkson
Howard Berkson
answered on Dec 23, 2013

The landowner still has liability for any environmental hazards posed by the 45 year old plating operation. A potential buyer may require cleanup or evidence of no hazards before buying.

1 Answer | Asked in Environmental for Oklahoma on
Q: What is the definition of clean lumber?
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

"Clean lumber" is defined by the Oklahoma Department of Environmental Quality. "Clean lumber" means wood or wood products that have been cut or shaped and include wet, air-dried, and kiln-dried wood products. Clean lumber does not include wood products that have been painted,... View More

1 Answer | Asked in Environmental for Oklahoma on
Q: Does oil or gas companies have the right to draw water out of muddy boggy river
Howard Berkson
Howard Berkson
answered on Oct 26, 2013

That normally depends on the lease provisions but there are statutes, regulations, and case law that apply to the mineral owner's use of the surface. You should consult with an attorney.

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