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Environmental Questions & Answers
1 Answer | Asked in Contracts, Agricultural Law, Energy, Oil and Gas and Environmental for Kentucky on
Q: Does electric company have the right to come on my KY farm & cut blueberry bushes. Can't find any easement back to 1961.

Not recorded on my deed and I searched back to 1961.

Timothy Denison
Timothy Denison
answered on Jan 12, 2023

I’d search it back further than 1961, but if there’s no easement, they have no right to enter or use your property.

1 Answer | Asked in Environmental and Personal Injury for Texas on
Q: I want an attorney that is brave enough to go against Falls County and Marlin Texas for their water contaminants?

Marlin Texas and Falls County has more contaminants and higher levels than lake lejeune or Flint. 21 contaminants 11 toxic and a lot of people dead with cancer.

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

This isn’t a question of bravery. Mass toxic tort cases like this require the time of multiple legal professionals probably for a period of 2-3 years.

It’s a question of finding plaintiffs who have been effected by the toxicity of the water who have the financial resources to fund...
Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Texas on
Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold

The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen... Read more »

John Michael Frick
John Michael Frick
answered on Nov 16, 2022

There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here.... Read more »

1 Answer | Asked in Estate Planning, Environmental and Native American Law for Kentucky on
Q: If I wanted to donate land to an Indigenous tribe, where would I start?
Timothy Denison
Timothy Denison
answered on Nov 2, 2022

Research the various tribes, determine to whom you want to donate the land and then transfer the property to the donee.

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for California on
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.

This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed.

Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 1, 2022

That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to... Read more »

1 Answer | Asked in Personal Injury and Environmental for Wisconsin on
Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph

I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your... Read more »

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site -

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
Read more »

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

1 Answer | Asked in Civil Litigation, Energy, Oil and Gas and Environmental for New York on
Q: how to get would settlement copies of documents from bp oil spill payout to specific claimant?
David H. Relkin
David H. Relkin
answered on Oct 4, 2022

If you are asking about the Deepwater Horizon, please let me know and I can answer the question.

1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... Read more »

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... Read 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... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... Read more »

Shafeek Seddiq
Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental on
Q: I lived beside a river from the site of illegal toxic dumping. After admitting this guilty in USA. Can I sue in Canada?

They have been found guilty in the United States court after they admitted to dumping toxic untreated chemicals directly into the columbia river. It was significant enough that it flowed into the United States and poisoned a whole village. I lived across the river from the site these chemicals... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2022

This is something that should be discussed with attorneys who practice in Canada. Good luck

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... Read 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... Read more »

2 Answers | Asked in Personal Injury, Environmental and Military Law on
Q: I just saw the Camp Lejeune news. What are the expected Camp Lejeune water contamination lawsuit settlement amounts?
Tor  Hoerman
Tor Hoerman
answered on Jul 19, 2022

Currently, it is hard to estimate what the typical settlement amount for a Camp Lejeune Water Contamination Lawsuit would be.

If the Camp Lejeune Justice Act passes, more detailed information will be released on payout amounts over time.

The settlement amount for each individual...
Read more »

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1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!

Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water... Read more »

Morris Leo Greb
Morris Leo Greb
answered on Jul 19, 2022

Call the municipal building inspector to discuss this issue.

1 Answer | Asked in Employment Law and Environmental for Florida on
Q: Do I have any legal put to stand on

The kitchen I work in is continually over 90 to 99゚ according to osha that's too hot what actions can I take

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2022

The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney... Read more »

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... Read 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, 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... Read 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... Read more »

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