Environmental Questions & Answers by State

Environmental Questions & Answers

Q: I have a contract on a home that has failed well water test for lead and nitrate. The Sellers say that adding one...

1 Answer | Asked in Contracts, Environmental and Real Estate Law for Maryland on
Answered on Oct 19, 2018
Cedulie Renee Laumann's answer
An attorney cannot assess the Seller's obligation without looking at the Contract.

That being said, there is no law that requires a Seller to install a whole house reverse osmosis system to fix well water issues, though the contract may speak to issues of repair and condition. It is not uncommon to treat well water by a water filtration system that covers the house and perhaps a single reverse osmosis system under the kitchen sink. Alternatively, if the lead is coming from certain...

Q: I was planning to sue a company for contamination that made a pond on my property toxic but it looks like my state

1 Answer | Asked in Environmental for Washington on
Answered on Oct 15, 2018
Timur Akpinar's answer
I don’t practice in Washington, but your question remains open for a month. It might be best for you to check with a Washington state environmental attorney. There aren’t details to go on here, but the government’s lawsuit could be an injunction. An attorney would be able to advise you of your individual remedies in light of the nature of the government’s lawsuit.

Tim Akpinar

Q: Our home was to have an asbestos abatement performed; and what we were assuming was a person whose company was certified

1 Answer | Asked in Civil Litigation, Contracts, Construction Law and Environmental for Colorado on
Answered on Sep 25, 2018
Donald C Eby's answer
You may have a legitimate Breach of Contract claim against your contractor and you have a damages claim against him. You should contact an attorney to schedule a consultation so that the facts can be closely reviewed and you can get a clear picture of your rights, options, and possible results.

Q: To whom it may concern< I have lived in Scotia, NY for 36 years and would like to sue the village of Scotia.

1 Answer | Asked in Consumer Law, Personal Injury, Products Liability and Environmental for New York on
Answered on Sep 25, 2018
Timur Akpinar's answer
These types of cases could be complex, because of the level of scientific and medical expertise required. If you yourself are contemplating legal action, a consultation with an attorney could enable you to learn, at the very least, time tables, deadlines, statutes of limitations, and notices of claim requirements within which you must act to preserve your legal rights. There is an organization called the Fluoride Action Network. Their website posts resources about Fluoride. I am not familiar...

Q: Can a parolee be arrested for missing calls at check in if they have no knowledge and the officer didnt write him up

1 Answer | Asked in Criminal Law, Environmental and Landlord - Tenant for Georgia on
Answered on Sep 18, 2018
David Edward Boyle's answer
I doubt that the parole violation is based solely upon that one incident. If that is all they have then demand a hearing and retain counsel.

Q: my 3 year old child slipped and fell at a flea market into improperly disposed of raw sewage.

1 Answer | Asked in Personal Injury and Environmental for Texas on
Answered on Sep 17, 2018
Bradford Kvinta's answer
Any claim would likely be limited due to the minimal damages involved.

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.

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.