Environmental Questions & Answers by State

Environmental Questions & Answers

Q: I'm a hobbyist woodworker, what are the rules in place for collecting fallen trees in Oregon?

1 Answer | Asked in Agricultural Law, Land Use & Zoning and Environmental for Oregon on
Answered on May 10, 2017

Hello. For information about personal firewood collection in Oregon forests you can access this link:

http://bit.ly/2qqCEt7
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Q: Who enforces NJSA 26:3D-55 ? local police, state police ?

1 Answer | Asked in Environmental for New Jersey on
Answered on May 9, 2017

You can find information about enforcement against individuals and against a person having control of an indoor public place or workplace by accessing this link:

http://www.njgasp.org/wp-content/uploads/2014/05/nj_admin_code.pdf
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Q: is a college liable for clean up costs when an alumnus donates contaminated land. What source will answer this?

1 Answer | Asked in Environmental for Alaska on
Answered on Apr 19, 2017

If it's a state college, cleaning should concern the U.S. Environmental Protection Agency. Good luck.
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Q: I'm thinking of buying some land. Someone else owns the mineral rights. Can they drill on my land as much as they want?

1 Answer | Asked in Real Estate Law, Energy, Oil and Gas, Environmental and Land Use & Zoning for Arizona on
Answered on Apr 19, 2017

In areas where mineral exploitation is common, the mineral owner might choose to exercise his rights to access and mine the minerals owned. The landowner is protected by state and local laws regulating the period of drilling or the depth of excavation. To evaluate a potential investment, consult a lawyer in your area experienced in mineral law. Good luck.
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Q: If a seller knowingly does not disclose info on the Disclosure form does the current owner have any recourse?

1 Answer | Asked in Real Estate Law and Environmental for North Carolina on
Answered on Apr 19, 2017

The first step is to contact the seller through your realtor and explain the situation to look for an equitable solution first. In case you decide to sue, you have to start out by going after every single party involved, then different parties will be removed as they're exonerated. Good luck.
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Q: using weed killer on land is natural or non natural use

1 Answer | Asked in Environmental on
Answered on Apr 19, 2017

You can use organic methods to get rid of weeds. They may be pricier than chemical sprays and require a time investment, but it’s worth a little extra effort to take care of the weeds in a sustainable way.
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Q: How can we stop our neighbor from nuisance burning trash?

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Apr 18, 2017

Consult an Oklahoma personal injury attorney; you might have a private nuisance case which can be remedied by an injunction or money damages. Good luck.
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Q: What is the procedure a landlord should follow when the hot water goes off for a unit?

1 Answer | Asked in Environmental and Landlord - Tenant for California on
Answered on Feb 27, 2017

The landlord can shut off utilities for temporary service but should provide advance written notice. If it's for an extended period of time that the utilities are shut off, your landlord might have to provide alternative accommodations. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...
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Q: now retired NYC teacher How long do I have to sue dept of ed due to serious health issues caused by toxic environment

1 Answer | Asked in Workers' Compensation and Environmental for New York on
Answered on Jan 30, 2017

You might have to file an administrative complaint immediately. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees,...
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Q: NYC Warranty of Habitability & Rats in the Walls/Radiators

1 Answer | Asked in Environmental and Landlord - Tenant for New York on
Answered on Jan 23, 2017

You may be able to sue the landlord. You may be able to breach the lease agreement and move out. It depends on the facts. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not...
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Q: . My neighbors did not have drainage causing a mudslide on my driveway. Is he responsible for cleanup?

1 Answer | Asked in Environmental for California on
Answered on Jan 13, 2017

If he is in violation of building codes, then you may have a claim against him. The best first step is an Initial Consultation with an Attorney. You can read more about me on my law practice website. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
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Q: Can I sue for a constructive eviction and get my rent/deposit back? Would I be awarded damages? Is it a good case?

1 Answer | Asked in Environmental and Landlord - Tenant for Georgia on
Answered on Nov 5, 2016

Based upon the facts you presented, you should be able to get out of your lease because the location is uninhabitable.

As far as the failure to disclose lead paint and asbestos in the house, that is a serious issue. Your children should be tested for lead in their systems.

Also, review your lease. Standard leases have sections for natural disasters. If there is a section that covers the hurricane, has the landlord complied with his duties under that section?
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Q: Who is typically responsible for environmental hazard disclosures in home sale transactions?

1 Answer | Asked in Real Estate Law and Environmental for Florida on
Answered on Oct 20, 2016

The sellers have the duty to disclose legally. The realtors have zero duty to look into the background of the house; they're job is mostly transnational (paperwork etc). The home inspector would have never found this out from walking around the house for an hour, that is likely a dead end. You would have to retain a lawyer and sue the prior owner for your damages and/or loss in property value versus what you paid for it.
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Q: I had kitchen renovated, but cabinet has 6 times higher formaldehyde than Health Canada standard. Can I sue them?

1 Answer | Asked in Consumer Law, Products Liability, Business Law and Environmental on
Answered on Oct 3, 2016

Most likely very time consuming, won't win much as you may need a toxicologist. How to prove the formalehyde level is fromthe doors and not the sides etc? If you aren't in Canada don't know that their violating Health Canada Standards helps you much. I'd go for just unwinding the deal--they take the cabinets out,you have a carpenter build to your spec.
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Q: My neighbor is flooding my land!

1 Answer | Asked in Real Estate Law, Civil Rights and Environmental for Florida on
Answered on Sep 16, 2016

Yes, there is a government official you can contact: a judge. In other words, you have to file a lawsuit.
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Q: Should I get a lawyer to help me with this case?

1 Answer | Asked in Personal Injury, Environmental, Health Care Law and Products Liability for California on
Answered on Aug 26, 2016

Talk to a member of caoc who handles food cases. Because of what it takes to prove it, if you are totally well there's no shame in payment of your medical bills (which must include what your insurance company paid or your insurance may look to you for payment--so get them involved, especially if medical assistance)
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Q: Tree service is chipping wood and dying mulch behind my house. They have no invisible fence and makes it tough to breath

2 Answers | Asked in Land Use & Zoning, Environmental and Personal Injury for Rhode Island on
Answered on Aug 17, 2016

Might be a zoning reg. Talk to your borough.
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Q: Is it legal for the town or city you stay in ,to turn off your water & gas supply, in Louisiana

1 Answer | Asked in Energy, Oil and Gas, Environmental and Legal Malpractice for Louisiana on
Answered on Aug 3, 2016

If you have paid your gas and water fees, I don't see that it would be.There would have to be a shut off notice for each, I believe.
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Q: Do I have a personal inj & civilcase bc naybrs house fire burned our hous dwn unliveable w/our stuff .chronic ptsd. Were

1 Answer | Asked in Environmental, Family Law, Personal Injury and Real Estate Law for Idaho on
Answered on Jul 1, 2016

Possible claim for carelessness if it can be shown that if they hadn't stored the oxygen tanks the fire wouldn't have hit your house. Did your homeowners not make a claim?Did your house not get covered by your homeowners?
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Q: If wildlife causes an accident are you at fault? Or domesticated animals running into traffic?

1 Answer | Asked in Animal / Dog Law, Environmental, Personal Injury and Insurance Defense for Washington on
Answered on Jun 28, 2016

You aren't responsible for wild animals--no one is. As far as domesticated animals, the owner of the animal is responsible for them. In the example you gave I don't see why you would be at fault--the other individual collided with the deer, not with you.
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