Environmental Questions & Answers by State

Environmental Questions & Answers

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: My husband and I are renting with the option to buy can we get our money back?

3 Answers | Asked in Real Estate Law, Environmental and Landlord - Tenant for New York on
Answered on Dec 3, 2018
Nina Mironenko's answer
When you lease the there is a warranty that the premises are "habitable", which your house is not given the black mold. Contact the landlord (with the correct notice as per your lease) advising that the premises are not habitable due to the black mold. If he refuses to return your money ( I would also demand broker's fee if there was one) you must go into landlord tenant court.

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

Q: Need a promo lawyer for environmental law to against with severe damage and liability for mold damage

1 Answer | Asked in Environmental for Virginia on
Answered on Oct 27, 2018
Timur Akpinar's answer
The website of the Virginia State Bar lists resources for pro bono legal services. They might be able to provide guidance.

Tim Akpinar

Q: My linen on the bed at hotel was not changed I slept in the bed for two when I realized the sheets were solid.Can I sue?

2 Answers | Asked in Personal Injury, Environmental and Public Benefits for Michigan on
Answered on Oct 23, 2018
Brent T. Geers' answer
You can, of course, sue, but I'm not sure what that will get you. You'd need to prove damages to substantiate a monetary value. Assuming the best-and most likely scenario: this was a housekeeping error, and whomever slept in the bed before you was an ordinary and clean person, I'm not sure what reasonable damages you'd be able to say you incurred.

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...

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