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Environmental Questions & Answers
1 Answer | Asked in Consumer Law and Environmental for Florida on
Q: What is the allowed distance between signs notifying me of pesticide application in a complex of about 100 homes?

I live in a condo and the association hires a landscaping company that sprays pesticide everywhere. I saw them applying it yesterday but found only one small sign in front of one of about 90 homes that are spread out over about 1/4 mile. This seems insufficient to warn consumers to stay off the... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 4, 2020

You could check with the state or local agency that administers pesticide applicator licenses. In many states, it falls under the control of environmental or agricultural agencies. In Florida, it might be the Department of Agriculture and Consumer Services. If it's not under them, check with... Read more »

1 Answer | Asked in Civil Litigation, Environmental and Insurance Defense for Texas on
Q: Does a Fire Department have the right to use or "seize" personal equipment or resources in a emergency?
Tim Akpinar
Tim Akpinar answered on Apr 1, 2020

They could, as a general rule based on the doctrine of necessity. But arrangements could also vary by region, community, or individual relationships. Sometimes, large property owners (such as on ranches, farms, etc.) even provide permission for resources, such as water, to be used. The arrangements... Read more »

1 Answer | Asked in Environmental for Washington on
Q: Is it my fault water got into the shower window sill?

The window sill is in the shower and has a shower curtain but is apparently not water proof and requires the use of a shower curtain to remain dry. It was not explained in the lease.

Tim Akpinar
Tim Akpinar answered on Mar 18, 2020

One might argue it either way, but this is a question better suited for a landlord-tenant attorney than an environmental attorney. You could repost under the Landlord-Tenant section if the matter is still an issue. Good luck

Tim Akpinar

1 Answer | Asked in Elder Law, Environmental and Personal Injury on
Q: help, I am a senior citizen who uncovered a water leak then discovered this whole mobile home has toxic mold everywhere
Tim Akpinar
Tim Akpinar answered on Mar 17, 2020

Handle the water leak as a plumbing problem and give that immediate attention. Then contact an attorney to discuss the mold issues. As long as water continues to enter, that will only compound the health issues created by this situation. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Agricultural Law, Environmental and Land Use & Zoning for Texas on
Q: A neighbor is complaining the tanks in our cattle pasture overflow when it rains and flood his yard. What do we do?
Tim Akpinar
Tim Akpinar answered on Mar 9, 2020

A Texas attorney could best address your question, but your post remains open for two weeks. If you contacted a few local attorneys, they could probably outline for you the liabilities and repercussions before you, as well as your rights. You could also explore what options are available to stop... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for North Carolina on
Q: My neighbor dug two deep culverts on his property against my fence to drain water onto my property.

In 2016, he did something similar and admitted digging a trench because his yard was too wet. What can I do? My yard is a mess and I am becoming ill over this level of harassment. I need the offending party to cease the assault on my property and pay for tree and lawn repair. What category of law... Read more »

Charles Evan Lohr
Charles Evan Lohr answered on Feb 25, 2020

You may have grounds to file a nuisance lawsuit against him. Feel free to call me at (919)348-9211 if you'd like to discuss the case further.

Evan Lohr



1 Answer | Asked in Environmental for Kansas on
Q: I ordered a tablet from an app called tophatter. It didnt work and inside I found tiny bugs. Could this be a lawsuit

They gave me a refund and told me to keep tablet

Tim Akpinar
Tim Akpinar answered on Feb 23, 2020

A judge could ask what your damages were. If the tablet didn't work and your money was refunded, a judge could hold that you were compensated for your damages. You could check if another attorney sees things differently. Good luck

Tim Akpinar

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental for California on
Q: I'm seeking representation for the dangerous recklessness endangerment of my Land, farm, water soil, air and my Person.

by Sierra Pacific Industries who sprayed 1000's of gallons of Agent Orange on their property adjacent to me. I suffered 21 days breathing this toxic soup and now suffering from Emphysema and Chronic Bronchitis. I have filed suit on time in El Dorado county and need help! This was the second known... Read more »

Joseph Franklin Klatt
Joseph Franklin Klatt answered on Feb 15, 2020

We are not allowed to personally solicit or give referral information in these forums. You can search this site for attorneys, however, and a number of other similar sites. You want to find a personal injury attorney in your area and get a consultation. She can tell you whether you have a viable... Read more »

1 Answer | Asked in Real Estate Law, Agricultural Law and Environmental for Washington on
Q: If I have 5 apple trees that are surrounded by acres of commercial orchards, can I be required to spray with pesticides?

The apple trees were on my property and cared for by the orchard company when I purchased my home 3.5 years ago. I put up a fence and the orchard was taken out and re-planted by a new orchard company after the surrounding orchard was sold. The new fruit company asked me to cut down my trees. I am... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 8, 2020

This is a fairly complex setting and would probably be better suited to a consult with an attorney in Washington State than a Question & Answer Board. Based on Washington case law, an attorney would be in a better position to meaningfully assess the directive to remove trees or apply pesticides... Read more »

1 Answer | Asked in Personal Injury, Products Liability and Environmental for Michigan on
Q: I came in contact with silicosis dust from diamertous earth and i already had COPD anyways this powderly stuff

This powedrly stuff was put onto my capeting by my sister inlaw anyways afterwards after i inhauled this chemical called diametrous earth 3 days after i inhauled this powderly chemical 3 days afterwards i ended up into the hospital with small bowel obstruction i had to go through surgery because of... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 27, 2020

You should contact a Michigan attorney if this is something on which you are contemplating a claim. Your post remains open for a week and it looks like two-plus years have already elapsed. You should act without further delay to discuss state statutes of limitations for the applicable legal... Read more »

1 Answer | Asked in Civil Litigation, Civil Rights, Communications Law and Environmental for Texas on
Q: my daughter is 13 and has 20 hours of community service she only did 10 because she ran out of space on the sheet whats
Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 22, 2020

Please complete your question. Your daughter can make copies or ask for another sheet.

2 Answers | Asked in Consumer Law, Civil Rights, Environmental and Landlord - Tenant for California on
Q: Is a landlord required to find and pay for housing if mold needs to be abated?

I live in an apartment in Anaheim California. The lease is weekly and required to pay by week and it up to a month in advance. I have been stalked and harassed and now the entire ceiling in my closest is saturated with water and brown mold in ceiling. The carpet is wet and my belongings on on the... Read more »

Manuel Alzamora Juarez
Manuel Alzamora Juarez answered on Jan 15, 2020

Go to the doctor and get treated. Most insurance company have exclusions for mold. You have to use negligence theories. Be careful how to file your pleading. Best of luck.

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1 Answer | Asked in Environmental on
Q: Hello, what are the problems in modern environmental law, and how could they be addressed?

I am a high school student interested in environmental law. I want to begin researching, but I am unsure where to start. Could you tell me from a lawyer's perspective what are the problems and how they could be managed? I would be very thankful if you could also recommend me regulations or laws to... Read more »

Tim Akpinar
Tim Akpinar answered on Jan 3, 2020

Between water quality, air quality, waste disposal, recycling, renewable fuels, and other subjects, you'll have no shortage of material. Some major U.S. laws include the Clean Air Act, Clean Water Act, CERCLA, and TSCA; there are many others. Once you start reading news articles, you'll gain... Read more »

1 Answer | Asked in Environmental for West Virginia on
Q: What can I do about people driving by my house and throwing their trash in my yard? WV
Tim Akpinar
Tim Akpinar answered on Dec 28, 2019

Unfortunately, it isn't really something for which there is an environmental law fix. It's more a matter of common courtesy. You could try posting signs. Good luck

Tim Akpinar

1 Answer | Asked in Environmental and Products Liability on
Q: Can a country ban a product from another country just because the factory of that product caused damage to environment?

There is some imaginary case from my lecturer and i need to answer it with WTO viewpoint. But i'm so confused because the product is not causing damages, only the factory. Does one of WTO agreement has relation to the factory? As far as i know it is only related to the product

Tim Akpinar
Tim Akpinar answered on Dec 24, 2019

I cannot speak for the requirements of the World Trade Organization, but you should be aware that countries can ban products for whatever reason they want as a general policy matter. Some of the substances banned in the United States that used to be used as insulating materials and transformer... Read more »

1 Answer | Asked in Environmental for California on
Q: Can I sue California for having fluoride in the water? Fluoride is a neurotoxin and does not help teeth at all.
Tim Akpinar
Tim Akpinar answered on Dec 2, 2019

There has been legal activity in this area, involving the EPA under the Toxic Substances Control Act. You could look into the current disposition of the matter. Good luck

Tim Akpinar

1 Answer | Asked in Environmental for Ohio on
Q: I turn 18 in January, I'm still in school. Can I move out of my parents house?

I'm 17 and turn 18 in January. I finished all of the requirements to graduate my junior in high school and decided to go to college my senior year, which my high school pays for. I have a decent job and I have a car. My parents say I can't move out until I graduate high school. I'm absolutely... Read more »

Tim Akpinar
Tim Akpinar answered on Dec 1, 2019

You need an Ohio attorney who is familiar with Family Law/Juvenile Law issues to see your question. There are sections here for that. The Environmental category is for things like oil spills or groundwater contamination; that's probably why no one saw your question for a week. You could repost.... Read more »

1 Answer | Asked in Environmental for Mississippi on
Q: Can I force george county ms to fix my driveway due to rain water constantly erroding it

I live in george county ms my drive way gets constantly washed away every heavy rain due to the fact the county road is poorly designed and the water from the road has nowhere to go they have no drainage or ditches in place im tired of spending money having it repaired just for it to be wash down... Read more »

Tim Akpinar
Tim Akpinar answered on Nov 23, 2019

I previously answered this question. It had been posted twice, the other time in a different category. Good luck

Tim Akpinar

1 Answer | Asked in Environmental on
Q: i am a teen and dont look at classify ?

my mommys name is Cristina pyper and she lives with us because her and her boyfriend broke up and now she lives with us because she has no where to live we dont have a lot of money to get her one i just want to see my mommy happy in a home so can you help us please

Tim Akpinar
Tim Akpinar answered on Nov 15, 2019

I'm sorry for your difficult situation. This may not really a legal matter, but one of figuring out if your family could receive assistance. For public housing, look into: https://www.hud.gov/states/tennessee/working/localpo/pih

For general financial assistance, look into:...
Read more »

1 Answer | Asked in Environmental for Louisiana on
Q: I am located in Shreveport, Louisiana. My apartment complex has been without hot water for a week now. what can i do?

I have looked up general information on this, and i read somewhere that landlords are supposed to treat this as an emergency. They only have people out here working form 8-5 Monday through Friday. No one was here on the weekend, nor working after 5 on the weekdays. It is getting cold outside and we... Read more »

Tim Akpinar
Tim Akpinar answered on Oct 31, 2019

You want to post this in the Landlord -Tenant section. You need the input of a L-T attorney, not an environmental attorney. Good luck

Tim Akpinar

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