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Environmental Questions & Answers
1 Answer | Asked in Agricultural Law, Civil Rights and Environmental for Illinois on
Q: My neighbor waits until dark to burn excavation site junk. Makes breathing hard. Is this illegal? Can we stop him?

He burns demolished houses, tires, and anything that will burn. The smoke cloud is immense, and always blows all over the neighborhood. I can't breathe inside my own home.

Robert D. Kreisman
Robert D. Kreisman answered on Nov 29, 2020

My suggestion would be to contact your local alderman (if you live in the City of Chicago) or your local municipal government. I would be fairly sure that what your neighbor is doing, burning material putting off noxious odors, is in violation of local, municipal, and state law.

3 Answers | Asked in Copyright, Products Liability and Environmental for New York on
Q: Can you make a anti viral incense

By mixing essential

Tim Akpinar
Tim Akpinar answered on Nov 26, 2020

In terms of offering it to the public, that could involve issues with regulatory agencies beyond the scope of this forum - health and safety, what would it contain, what would it aim to achieve, what are its risks, etc.

In terms of protecting your idea from an intellectual property...
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1 Answer | Asked in Construction Law, Environmental and Real Estate Law for Texas on
Q: We need to sue a developer and the county permitting office but cannot afford a lawyer. What can we do?

.

Teri A. Walter
Teri A. Walter answered on Nov 23, 2020

It is unlikely that you will be able to sue the county permitting office - there's a principle called "sovereign immunity" that prevents most suits against government agencies or employees.

As to the developer, it's impossible to tell you what needs to be done without...
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1 Answer | Asked in Elder Law, Environmental, Personal Injury and Real Estate Law for Kentucky on
Q: Is the owner of a mobile home park responsible for draining water directly under my mobile home, causing black mold?

There are french lines draining water from the top of the park directly under my mobile home going from N to S, and also from the top of a high hill going under my home going W to E. They're visible, I have a swamp under my mobile home, which I own, and it is damaged by black mold due to this... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 17, 2020

A Kentucky attorney could advise best, but your post remains open for four weeks. At this point you could reach out to attorneys to discuss in greater detail. If you gathered your medical records, that would be valuable in a legal consult. If the engineer provided you with a report, that could also... Read more »

Q: I live in Charleston sc an was pulled over over with catalytic converters in my truck an they took them with my permit

They didn't arrest anyone or nothing an investigation came out an kept me an the passenger there for hours before finally letting us go an taking the property that we had an could prove we took them off junk vehicles that was owned by the passenger of my truck is this ok for them to do

Tim Akpinar
Tim Akpinar answered on Nov 16, 2020

A South Carolina attorney could answer your question best, but it remains open for four weeks. As a general matter, catalytic converters attract bad attention due to their theft for the precious metals they contain. Although your transport of the converters was legitimate as metals recycler,... Read more »

1 Answer | Asked in Civil Litigation and Environmental for Virginia on
Q: I have a PA system installed on my car for business use. I dont have any permits for it. Will I get pulled over for one?
F. Paul Maloof
F. Paul Maloof answered on Nov 9, 2020

I regret that I do not handle vehicle law matters. Sorry.

1 Answer | Asked in Environmental and Real Estate Law for Ohio on
Q: My neighbors yard is a mess and damaging to the environment can I make them clean it up?

My neighbor has tons of junk cars through out their yard. Trash every where kids with no running water and the dump stuff into the near by creek. If I can get them into legal trouble who should I contact?

Joseph Jaap
Joseph Jaap answered on Oct 29, 2020

Neighbor problems are difficult to resolve, and can escalate and become very unpleasant if neighbors are reported. Talk to your local building and zoning office first and ask if they have any ability to do anything - without giving your name or address. There could tell you there is not e much... Read more »

1 Answer | Asked in Environmental, Agricultural Law, Constitutional Law and Land Use & Zoning on
Q: How will you discuss the rights of a state over bodies of surrounding water under UNCLOS to a 5-year-old child?
Tim Akpinar
Tim Akpinar answered on Oct 26, 2020

There's considerable technical substance to the Law of the Sea in terms of territorial waters, coastal contiguous zones, exclusive economic zones, etc. and it isn't easy to bring down to too simple a level. Maybe this might work. You could explain to a five-year old that the world's... Read more »

1 Answer | Asked in Environmental for California on
Q: motel owner pump out waste of septic tank into public street for 8 hrs at night

They have been doing this 4 yrs next to a school the smell is so bad they just fill the hole back up with dirt .

Maurice Mandel II
Maurice Mandel II answered on Oct 26, 2020

You should take photos and videos with your phone and report this to the police.

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1 Answer | Asked in Environmental for Indiana on
Q: i have a light industrial building behind me, the building emits noise from the chillers which are on the roof

24/7 this constant noise if effecting my sleep and living habits any remedy here ?

Tim Akpinar
Tim Akpinar answered on Oct 25, 2020

An Indiana attorney could advise best, but your question remains open for three weeks. As a general matter, these settings are difficult. One option is to consult with an Indiana attorney to review the applicable noise laws for your area. Permissible noise levels for set times throughout the day... Read more »

1 Answer | Asked in Personal Injury, Environmental and Wrongful Death for North Dakota on
Q: Is north Dakota responsible if someone got life threatening/shorting illness from bacteria that should have been removed

8yrs ago friend caught illness from bacteria in state park that should have been checked for and removed. She takes daily cancer treatment and is losing her life to it. She doesn't have money and north Dakota isn't helping them, they just deny. They need help! No one to turn to.

Tim Akpinar
Tim Akpinar answered on Oct 18, 2020

A North Dakota attorney could advise best, but your question remains open for three weeks. I'm sorry for your friend's ordeal. It is a very saddening situation, but in terms of a legal claim, it presents challenges. In addition to the issue of time here, there is the element of causality.... Read more »

4 Answers | Asked in Personal Injury and Environmental for New York on
Q: So if someone is a alcoholic and falls in a building stairs , breaks back of his head can you sue the building ?
Tim Akpinar
Tim Akpinar answered on Oct 4, 2020

It's possible they could. It could depend on whether there was a defect in the stairs or other hazardous condition. New York is a comparative negligence jurisdiction, but a claimant's share of liability would be more dependent upon whether they were impaired at the time rather than an... Read more »

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1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Massachusetts on
Q: If a right of way starts at a street and ends at a lakefront is this or any RIGHT OF WAY BE BLOCKED BY TREES ETC, legal

Am I wrong in believing that right of ways need to be kept clear of anything preventing its use .. trees etc

Lillian J. LaRosa
Lillian J. LaRosa answered on Sep 15, 2020

This is a question of how long the trees have been there. Are they newly planted or have they been there for under 20 years? If so, then sounds like a trespass matter.

1 Answer | Asked in Consumer Law, Products Liability, Environmental and Landlord - Tenant for Michigan on
Q: I stayed in a hotel for 118 days this year that was shut down by the fire marshal because they didn’t replace a panel

Saying it would just be a couple days all they had to do was replace a panel they forgot to but when the fire marshal returned when the panel was replaced he did a fuller inspection and found the dryer was so full of lint it was actually all the way up in the ceiling going about 40 feet back. This... Read more »

Trent Harris
Trent Harris answered on Aug 28, 2020

Dear Davisburg,

Your question references a condition at the property which could've, but in actuality did not adversely affect you. In the eyes of the law, you lack standing to sue, because you have not suffered a particularized injury traceable to the hotel's conduct. Sure, you...
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1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Connecticut on
Q: Can a town arbitrarily use a residential area street to access a hiking trail thru and around a wetlands for general

public use. The town proposes to use a residential culdesac for parking and public access to the trail site in the wetlands which is surrounded by residential homes.

The neighborhood has no outlet thru streets all traffic must leave the same way it came in by turning around either in a... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 15, 2020

This is something a Connecticut attorney is best qualified to advise on, but your post remains open for four weeks. As a GENERAL matter, the use of land for a given purpose could sometimes result in various types of studies (traffic, noise, air quality, etc.) to assess the environmental impact on a... Read more »

1 Answer | Asked in Environmental for Maryland on
Q: Can You Quit Title By Adverse Possession With Out The 20 Year Statute Or Early Like After 2years Base On The Environment

Environment Nature Or Circumstances Regarding The Title Ouner/ Ouners And Like Fines / Liens.

Cedulie Renee Laumann
Cedulie Renee Laumann answered on Jul 15, 2020

No, the time period for quieting title by adverse possession is set by statute. Environment has no bearing on the statutory time period.

The question about liens is unclear. Lienholders who have not been paid can usually foreclose on the property. You may wish to consult with a lawyer.

1 Answer | Asked in Environmental for West Virginia on
Q: Can we sue our psd for poor water quality?

skin rashes, itching, hair discoloration and loss, stinky clothing, staining of clothing, grout, sinks, tub, shower and tile, damage to plumbing fixtures, inability to bathe, paying for water we cannot drink or even use except to flush with, no action from officials, no accountablity, lies,... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 9, 2020

A West Virginia attorney could advise best, as your matter could involve state and local water quality, environmental, and public safety laws. These situations tend to be complex, and involve costly sampling and lab testing for an array of parameters, from petroleum compounds to listed hazardous... Read more »

1 Answer | Asked in Environmental for Louisiana on
Q: if i am watering my plants in my yard and the water runs off naturally into my neighbors yard. is this my fault?

he said it is against the law for me to put water onto his property..but i did not do so knowingly

Tim Akpinar
Tim Akpinar answered on Jul 7, 2020

This is something a Louisiana attorney could advise best on, but your post remains open for four weeks. It could depend on surface water doctrine followed in Louisiana. Different jurisdictions have different rules for water run-off. But if you're talking about some minimal quantity of water... Read more »

1 Answer | Asked in Environmental for Florida on
Q: I am 17 and I want to love with my girlfriend out of state, what requirements do I need to figure out so I can do it ?

I am 17 and I live in Kansas with my dad and siblings. I have one year left of high school. But I don’t have a drivers license or ID. And i am not emancipated.

Terrence H Thorgaard
Terrence H Thorgaard answered on Jun 26, 2020

You should ask your question in Justia > Ask a Lawyer > Kansas, as it pertains to the law of that state, not Florida.

1 Answer | Asked in Environmental for Maryland on
Q: Is the structure of this gifting savings plan (sou sou) legal?

Week 1: Gift $500 to the group (not the person who shared it with you)

Week 2: Share with two others who do the same

Week 3: Do nothing

Week 4: Receive a gift of $4000 from the group

Mark Oakley
Mark Oakley answered on Jun 24, 2020

No, it is a classic Ponzi scheme, which is illegal in most if not all states, certainly in Maryland.

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