Environmental Questions & Answers by State

Environmental Questions & Answers

Q: First time for concealed machete?

2 Answers | Asked in Criminal Law and Environmental for California on
Answered on Jul 31, 2018
Wais Azami's answer
Was a there a question???

Q: I live in a Private owned condo. And the owner is taking there time fixing the Ac.

1 Answer | Asked in Estate Planning, Real Estate Law, Environmental and Landlord - Tenant for Florida on
Answered on Jul 2, 2018
Richard Paul Zaretsky's answer
Look at your lease. Does it say the landlord is supplying a working a/c system? Florida statutes do not provide that the landlord must provide air conditioning, even if it is already installed on the property.

So if the lease provides that the landlord will provide air conditioning, then not getting it fixed in a reasonable amount of time could be a breach of lease entitling you to at least a reduction in rent.

But again - look to the lease. If there is air conditioning...

Q: received notice nat'l forest which adjoins half my 5 ac will be clearcut. devalue my property. recourse if I can't stop?

1 Answer | Asked in Real Estate Law and Environmental for Ohio on
Answered on Apr 5, 2018
Joseph Jaap's answer
You could file for a court injunction if the regulatory and administrative process approves the cutting. The court would then review the process used to approve it. Use the Find a Lawyer tab to retain an attorney who practices in environmental law and litigation against government agencies.

Q: In park with friend after hours. No sex, drugs, or alcohol involved. What is the typical fine cost/penalty? Thank you

1 Answer | Asked in Traffic Tickets, Environmental, Municipal Law and Small Claims for Georgia on
Answered on Apr 2, 2018
Forrest Clinton Barbour's answer
Call the court and ask them the fine amount. SInce you weren't arrested, you won't have an arrest record for this.

Q: Is a license/registration required to give a three day Survival Class with one overnight camping required in Virginia?

1 Answer | Asked in Business Law, Education Law, Environmental and Gov & Administrative Law for Virginia on
Answered on Mar 29, 2018
Timothy R Johnson's answer
I can't possibly think of a department or 'professional license' that this would apply to.

If anything, the bigger issue is working out possible areas of liability such as if someone is injured while hiking or while engaged in any of the survivalist activities. You would probably want to create a liability waiver for all participants to be aware of the risks associated with the activity; requirements to follow all of your instructions including not wander off; and explain any critical...

Q: My house was sprayed with the wrong chemicals for termites and now I can no longer live in my house can I sue?

1 Answer | Asked in Consumer Law, Criminal Law and Environmental for North Carolina on
Answered on Mar 8, 2018
Bill Powers' answer
You need help from a CIVIL LAW attorney, preferably someone experienced handling Breach of Contract and Negligent Performance of a Contract legal issues.

Sorry to hear about your house!

Bill Powers

Q: Background story: there was a flood in the upstairs apartment above mine which caused mine to overflow with water up to

1 Answer | Asked in Environmental, Real Estate Law and Small Claims for Florida on
Answered on Feb 26, 2018
Andy Wayne Williamson's answer
sorry for your situation. short answer is that there is just no way to explain why without first reviewing the documents that you reference in your post. Best option is for you to consult with an attorney in your area to go over all the documents and history to make sense of what has and is happening.

Good luck.

Q: Thousands of rr ties on property in Ontario Co NY purchased approx 10 years ago.

1 Answer | Asked in Land Use & Zoning and Environmental for New York on
Answered on Feb 22, 2018
Greta Katrin Kolcon's answer
Historically, railroad ties were often treated with creosote to preserve wood from rotting quickly. The EPA has determined that coal tar creosote is a probable human carcinogen, meaning that it is an agent directly involved in causing cancer.

Although there are special rules for railroads and utilities, in general in New York, railroad ties treated with creosote cannot be sold, burned, or disposed of unless in compliance with a permitted facility. This link will take you to the...

Q: Landlord refuses to repair or address anything including *High* levels of Toxic mold found growing in his home.

1 Answer | Asked in Landlord - Tenant, Real Estate Law and Environmental for Texas on
Answered on Feb 22, 2018
Gregory Andrews Cade's answer
According to the warranty of liability implied by your lease, the landlord is responsible with ensuring safe living conditions in the rental unit for their tenants, which includes promptly attending to any issue which threatens their health. Therefore, you were not obliged to pay the cost of mold tests and the necessary repairs. If your landlord refuses to properly take care of the mold issue, you have two options, both of which perfectly legal – either withhold rent until they fix the...

Q: My neighbors threw dog poop in my back yard from over the fence. This took place in Orange California. Is this illegal?

2 Answers | Asked in Animal / Dog Law and Environmental for California on
Answered on Feb 19, 2018
William John Light's answer
It might be a crime, or a civil tort. If it's your dog's poop, I doubt that law enforcement will do anything about it. If your neighbor is throwing another dog's poop into your backyard there are a number of crimes that might be committed. Call the police to pursue further. They will want some kind of proof of the source for the poop, like video of your neighbor throwing it into your backyard.

Q: I'm looking for the legal auth. for a railroad to maintain a bridge for public access to homes for emergency services.

1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Municipal Law for Virginia on
Answered on Feb 19, 2018
Richard Sternberg's answer
And, your anticipation is that some presently active lawyer will have a present sense recollection of the history of that property and the changing responsibilities for that bridge in 1892 and 1932? How quaint. What may be useful is if you follow the model of historical societies like Peerless Rockville and research all of the documents and deeds, recorded or included in state bills, regarding that property. Combine that with a title search and a tax roll search in Arlington to create a history...

Q: Can you please show me where can I find out if workers compensation still owes me money from the state of California

1 Answer | Asked in Workers' Compensation and Environmental for California on
Answered on Feb 15, 2018
Steven James Foster's answer
You can look on the California State Controller's web site

https://ucpi.sco.ca.gov/UCP/Default.aspx

Q: Public nuisance codes in small town stonrwall,OK.74871

1 Answer | Asked in Environmental, Land Use & Zoning, Municipal Law and Real Estate Law for Oklahoma on
Answered on Dec 31, 2017
Richard Winblad's answer
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.

Q: can i get you to call me?

1 Answer | Asked in Personal Injury, Products Liability, Environmental and Landlord - Tenant for Florida on
Answered on Dec 7, 2017
Christopher Reynolds' answer
That sounds like an awful living situation. There are landlord/tenant laws in Florida that protect tenants such as yourself. Call a local landlord/tenant attorney to discuss your situation and see what options you have.

Please be advised that these communications do not create an attorney-client relationship, that matters have state-specific statutes of limitations, and that these answers are for general information purposes only. You should speak with an attorney licensed in your...

Q: What is 15.17 hearing

1 Answer | Asked in Criminal Law and Environmental for Texas on
Answered on Nov 29, 2017
Kiele Linroth Pace's answer
It is a reference to Texas Code of Criminal Procedure 15.17 which discusses the procedure for taking an arrested person to a magistrate judge. There was a Texas case called Rothgery v. Gillespie County that went all the way to the United States Supreme Court that is directly on-point with regard to 15.17 so reading about that specific case might be more informative than reading the dry text of the statute.

If you want to read the statute, you can find it here:...

Q: How to terminate lease in Colorado due to black mold in rental property not being handled in timely manner.

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Colorado on
Answered on Oct 31, 2017
Peter Munsing's answer
You need an attorney who is tenant oriented. Best bet is contact the local legal services program, ask for their landlord tenant unit, explain it's not for services you just want to find out which of their l&t attorneys is in private practice and their contact info.

Q: We rented a house with mold and roach infestation.can we get rent and deposit back even though we signed a lease

1 Answer | Asked in Environmental and Landlord - Tenant on
Answered on Oct 29, 2017
Gregory Andrews Cade's answer
The landlord has the obligation to notify prospective tenants with regard to any issues present on the rental property which might pose a danger to their health, including mold contamination and pest infestation, prior to signing the lease. Accordingly, if your landlord wittingly omitted to disclose these problems, they can be held accountable for failing to comply with the warranty of habitability. You can either withhold rent until they properly attend to the mold contamination and pest...

Q: Can I sue a company for mishandled regulated chemicals

1 Answer | Asked in Criminal Law and Environmental for California on
Answered on Oct 29, 2017
Gregory Andrews Cade's answer
If you did not suffer a severe injury as a result of exposure to the chemicals on your roommate’s work clothes, taking legal action against the employer will most likely be a fruitless endeavor. Whether the practice of having workers clean their own uniforms is legal highly depends on what pesticides they handle during the job and how harmful these chemicals are to human health. Accordingly, laundering contaminated work clothes might be relatively safe as long as certain precautions are...

Q: Can I bring a class action suit against JCP&L?

1 Answer | Asked in Environmental for New Jersey on
Answered on Oct 29, 2017
Gregory Andrews Cade's answer
Yes, initiating a class action lawsuit might be a good idea if there have been multiple complaints from residents which the company failed to promptly resolve. Depending on the extent of the problem, JCP&L may be held liable for corporate misconduct and/or environmental damage. However, before filing a class action lawsuit, it is crucial to consult a lawyer specialized in this area of practice, namely in Environmental Law, as they have the necessary knowledge to thoroughly evaluate every aspect...

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