Environmental Questions & Answers by State

Environmental Questions & Answers

Q: My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.

1 Answer | Asked in Environmental and Patents (Intellectual Property) for California on
Answered on Apr 7, 2019
Peter D. Mlynek's answer
Your friend's patent will only protect him/her from the competition within Mexico. If your friend did not patent it with the USPTO, anyone will be able to practice the invention in the US, but so nothing for your friend to sell. What does your friend want to sell?

Q: Where would I find a law describing how I would get a permit to build a green way and other trails in my community?

1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on
Answered on Mar 25, 2019
Timur Akpinar's answer
A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

Q: If I been given a UD filed Feb 1st, 2019, but still no court as of yet. Can I still sue them in small claims court?

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on
Answered on Mar 18, 2019
Thomas A. Grossman's answer
I don't understand your statement of "No Court," which I assume means there has been no Court date set. You need to go on the internet and find the nearest Court in your County. Then log in to that Court Website and look for a case number. If you received papers from the Court you probably have a case number. Be careful of the timelines, as you need to show up the hearing if the UD has been scheduled.

Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on
Answered on Mar 8, 2019
Ecleynne Mercy's answer
The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.

https://www.ajc.com/news/state--regional-govt--politics/medical-marijuana-dispensaries-bill-passes-georgia-house/TiRIqJOF7ogWvhe8sK0JaO/

Q: Can a person sue a town for bad water that causes tooth decay and discoloration?

1 Answer | Asked in Environmental for Arizona on
Answered on Mar 5, 2019
Timur Akpinar's answer
Yes, but these are generally very expensive cases to prosecute. They often involve a class of plaintiffs because the financial burden of analytical tests and expert testimony is beyond the capacity of an individual. You could contact a toxic tort-environmental attorney to discuss the viability of bringing such an action.

Tim Akpinar

Q: what are the recourse from drinking water with cancer causing agents all of our lives now people are dying 30 years

1 Answer | Asked in Environmental for Oklahoma on
Answered on Jan 31, 2019
Timur Akpinar's answer
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 law firm.

Tim Akpinar

Q: people is dying at astronimical rates with all types of cancers,esrd, strokes etc.- vastly in certain neighborhoods,

1 Answer | Asked in Environmental for Oklahoma on
Answered on Jan 24, 2019
Timur Akpinar's answer
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 experience in matters involving exposure to toxic substances.

Tim Akpinar

Q: I was told by the apartment management where I live that the manager doesn’t like me because I Jewish- I

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Alabama on
Answered on Jan 23, 2019
Peter N. Munsing's answer
Contact the ADL for your area. Call national if you're not sure. https://www.adl.org/take-action/report-an-incident

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

1 Answer | Asked in Agricultural Law, Civil Litigation, Environmental and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: case study on environmental liabilities of owners and occupiers

1 Answer | Asked in Environmental on
Answered on Jan 11, 2019
Timur Akpinar's answer
I wasn't certain of what the question was, but if you're researching case studies and case law on this issue, it could be a broad area because different jurisdictions could view the capacity in which the occupying was done differently.

Tim Akpinar

Q: I have a creek on my property, approximately 3-5ft deep, and I want to dig out a watering hole for livestock. Can I ?

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Jan 1, 2019
Anthony Marvin Avery's answer
Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream Landowners by lessening erosion. Unless it is a navigable water, you should have no problem. But TCA 69-1-110 allows suit for damages for diverting a stream, without navigability being required. Common...

Q: Can an individual file suit against a company/organization if the govt is actively pursuing the individual or has taken

1 Answer | Asked in Environmental for New Jersey on
Answered on Dec 28, 2018
Timur Akpinar's answer
It could depend on what the government is pursuing them for, and/or what the action against them in the past was for.

Tim Akpinar

Q: Can I sue my neighbor for cutting down a tree on my property?

1 Answer | Asked in Environmental for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
It depends on whether the tree was partially on the neighbor's property as well, whether there's an easement, or whether there's an imminent hazard caused by your tree that impacts the neighbor's property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...

Q: Hello what is the difference between these two patents, USA105167343 and USA105072852?

1 Answer | Asked in Patents (Intellectual Property) and Environmental on
Answered on Dec 19, 2018
Kevin E. Flynn's answer
First, it is not uncommon for one patent application that covers different inventions or different aspects of the same invention to end up being published multiple times as the applicant seeks different clusters of claims covering different claim scope. This happens all the time. I go out of my way to use different titles for the different applications but many patent attorneys do not.

Frequently, the applicant filed several clusters of claims in one application and the patent...

Q: Can an individual file suit against a company or organization if the government is actively pursuing

1 Answer | Asked in Environmental for Washington on
Answered on Dec 12, 2018
Timur Akpinar's answer
It could depend on what the government is pursuing the person for/or what the government has taken action against the person in the past for, and whether those things are relevant to, or directly/indirectly connected to the suit. A consultation with a Washington attorney who had additional facts and details could help answer the question more meaningfully.

Tim Akpinar

Q: Is it legal to fine local companies who don't recycle?

1 Answer | Asked in Environmental for Washington on
Answered on Nov 25, 2018
Timur Akpinar's answer
It depends on applicable regulations.

Tim Akpinar

Q: What insurance if any covers an acciddently oil spill in my driveway that went into the city drainage down the street ?

1 Answer | Asked in Environmental for Texas on
Answered on Nov 13, 2018
Timur Akpinar's answer
I do not practice in Texas, but your question remains open for four weeks. Homeowner policies can have exclusions for environmental claims, and auto policies could limit their coverage to matters related to the use and operation of a motor vehicle. You could show your policies to a Texas attorney and ask their opinion as to the limitations of coverage.

Tim Akpinar

Q: What is the punishment if you can prove a company has diverted the natural course of water on your property?

1 Answer | Asked in Environmental for Washington on
Answered on Nov 5, 2018
Timur Akpinar's answer
I do not practice in Washington but your question went unanswered for five weeks. An attorney who is familiar with riparian rights might be able to provide guidance.

Tim Akpinar

Q: Are all cases of polluted environments referred to the EPA or is there a smaller, state-level organization I should

1 Answer | Asked in Environmental for New Jersey on
Answered on Nov 4, 2018
Timur Akpinar's answer
There is a state agency, the New Jersey Department of Environmental Protection.

Tim Akpinar

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.