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Environmental Questions & Answers
1 Answer | Asked in Contracts, Personal Injury, Real Estate Law, Environmental and Municipal Law for Missouri on
Q: Franklin County, MO, municipality is negligent in maintaining alternative sewer system, creating health hazard.

The municipality signed an agreement with the original property owners in 2004. That they were installing a step septic tank system on their properties, that the village owned, was part of the village sanitary sewer system, would maintain, repair, and service. The system on our property was... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 1, 2022

A Missouri attorney could advise best, but your post remains open for three weeks. This is a complex matter. Evaluation of the septic system could involve the expertise of civil engineers and wastewater experts. Assessment of contamination could involve sampling and lab analysis conducted by... Read more »

1 Answer | Asked in Environmental, Real Estate Law and Civil Litigation for Alabama on
Q: Who is responsible for my property damage caused from high velocity storm water from the alabama state highway drain pip

The flooding is more than 60ft wide and rapid. Resulting in erosion, pushes out my underpinnings, and all my house exits are flooded for a time.

Aldot has come out and cleared the drainage ditch last August the problem still persists, more frequently. That's all they will do. Im 750... Read more »

William Vann Burkett
William Vann Burkett
answered on Aug 4, 2022

It is possible that you have a claim against the state for what is called inverse condemnation. The state is generally not permitted to take or destroy private property without going through a formal condemnation procedure. However, the law is very technical as to what is considered a regulatory... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Virginia on
Q: Bought a 5 bed 3 bath home a yr ago and found out now that it has a 2 persons max 1 bed perk

I bought my listed 5 bed 3 bath home in Jan 2021 . Everything has been great but had a plumbing issue and found after septic people came out and plumber that it has a 2 person max occupancy. It was never disclosed to me . Only reason it has come to light now is that we had the issue of water... Read more »

Shafeek Seddiq
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Shafeek Seddiq
answered on Jul 31, 2022

I am sorry to hear what you just learned and the possible consequences. You might have a recourse against the seller, the seller's agent, your agent, or ask the title insurance underwriter for help. But, without a lawyer reviewing all the relevant documents who can then provide proper advice,... Read more »

1 Answer | Asked in Personal Injury, Civil Litigation and Environmental on
Q: I lived beside a river from the site of illegal toxic dumping. After admitting this guilty in USA. Can I sue in Canada?

They have been found guilty in the United States court after they admitted to dumping toxic untreated chemicals directly into the columbia river. It was significant enough that it flowed into the United States and poisoned a whole village. I lived across the river from the site these chemicals... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 26, 2022

This is something that should be discussed with attorneys who practice in Canada. Good luck

1 Answer | Asked in Environmental, Landlord - Tenant and Personal Injury for Arizona on
Q: I’ve been drinking poison for 2 years. Arsenic in well water on the home I leased failed test - EPA Standards.

I'm female, in my 60's, and I don't know a polite way of stating this...I've had chronic diarreah for the last 2 years which is why I had the water tested.

What are my chances of finding an attorney who would represent me, get paid when we settle, and sue this SOB for... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 24, 2022

An Arizona attorney could answer best, but your question remains open for four weeks. It sounds like you're asking about an attorney who would handle your matter on a contingency basis (you mention payment upon settlement). It's difficult to say whether a firm would handle something like... Read more »

2 Answers | Asked in Personal Injury, Environmental and Military Law on
Q: I just saw the Camp Lejeune news. What are the expected Camp Lejeune water contamination lawsuit settlement amounts?
Tor  Hoerman
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Tor Hoerman
answered on Jul 19, 2022

Currently, it is hard to estimate what the typical settlement amount for a Camp Lejeune Water Contamination Lawsuit would be.

If the Camp Lejeune Justice Act passes, more detailed information will be released on payout amounts over time.

The settlement amount for each individual...
Read more »

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1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for New Jersey on
Q: Can we have incinerating toilets and a grey water system instead of septic in Holland Township NJ. Thank you!

Recently purchased property in Holland Township New Jersey with a old, non working septic. We would like to replace it with a more environmentally friendly system because we are extremely close to a stream and have a high water table. We are hoping to put in new incinerating toilets and gray water... Read more »

Morris Leo Greb
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Morris Leo Greb
answered on Jul 19, 2022

Call the municipal building inspector to discuss this issue.

1 Answer | Asked in Employment Law and Environmental for Florida on
Q: Do I have any legal put to stand on

The kitchen I work in is continually over 90 to 99゚ according to osha that's too hot what actions can I take

Charles M.  Baron
Charles M. Baron
answered on Jul 18, 2022

The first step is to request the employer to comply with the OHSA safety standard and to keep a paper or electronic trail of written communications about the issue. If the employer fails to comply or fires you for raising the issue, immediately seek a consultation with an employment law attorney... Read more »

1 Answer | Asked in Environmental, Personal Injury and Construction Law on
Q: In Oct. 2020, strong winds blew toxic laden sediments from a PG&E/DTSC cleanup site (Pond)into my neighborhood and house

Despite conclusive lab evidence proving the fact, ( Polycyclic Aromatic Hydrocarbon ratios were a match, and both Pond and neighborhood samples contained large amounts of quartz), DTSC, in a July 2021 letter, claimed it could not determine the source of the sediments--that they could have come from... Read more »

Tim Akpinar
Tim Akpinar
answered on Jul 15, 2022

A California attorney could advise best, but your post remains open for two weeks. The matter you describe sounds complex - it doesn't easily lend itself to a quick response. One option might be to discuss with environmental or toxic tort attorneys. Good luck

1 Answer | Asked in Environmental, Consumer Law, Products Liability and Civil Rights for Kentucky on
Q: , I pay a environmental fee Monthly on my water bill that cost more Then water usage

we’re in a crisis situation due to our water but we pay for an environmental fee every month that cost more than usage

Timothy Denison
Timothy Denison
answered on Jun 27, 2022

What is your question?

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Oregon on
Q: Fallen down trees in the road

I had a couple questions about landlord responsibilities on maintaining the outside trees, June 10th 2022 around 7:00pm a huge tree branch broke off onto the road. I was driving on that road and struck the branch ( it fell down in front of my car It happened within 2-3 seconds ) residents of that... Read more »

Gregory L Abbott
Gregory L Abbott
answered on Jun 18, 2022

I am not clear what the responsibilities are for the arbor maintenance between the homeowner and an apparent HOA, but whichever is, they may be liable depending upon the details. Much depends upon why the tree limb fell - was it rotted out? or did a storm severe it somehow? I would start by... Read more »

2 Answers | Asked in Personal Injury, Environmental and Landlord - Tenant for California on
Q: How do I get a lawyer to see the importance in my case ,and get a response from my message left on sites like this one

Ive been months going on find a lawyer site and I haven't received any response what I doing wrong could someone explain to me what is a

Correct and what doesn't catch the legal eye cause my situation is a big case if once looked into it goes beyond the unit I live in I only hope... Read more »

Theodore Allan Greene
Theodore Allan Greene
answered on May 24, 2022

You should first find lawyers in your area that handle mold cases and then start calling them to discuss your case. I always suggest someone try 3-4 before making any decisions if they all are not taking on your case. Keep trying is the best advice.

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1 Answer | Asked in Personal Injury, Civil Rights, Communications Law and Environmental for Indiana on
Q: How do I stop voice 2 skull
Charles Candiano
Charles Candiano
answered on May 24, 2022

This is NOT a legal question but a technical one. You need to identify the mechanism of transmission before any legal remedy is possible.

1 Answer | Asked in Energy, Oil and Gas and Environmental for Maryland on
Q: Is owner of rowhouse with 2 mth old oil spill in basement responsible for adjacent rowhouse being unlivable due to smell

The rowhouse homeowner was doing renovations & hired a contractor to remove the old oil tank in the basement. They dropped the tank and oil spilled on basement floor. The smell permeated the walls of the adjacent rowhouse causing an overpowering smell. The dog began throwing up. The 6-month-old... Read more »

Mark Oakley
Mark Oakley
answered on May 16, 2022

I assume you meant St. Charles, Maryland, and not Missouri. First, try calling the county department of the environment or health department to report the toxic spill and contamination affecting neighboring properties and health.

Second, call your homeowner's insurance company and...
Read more »

1 Answer | Asked in Personal Injury, Environmental, Insurance Bad Faith and Landlord - Tenant for Alabama on
Q: Apartment with black mold. Management agreed to remediate but dragging their feet. I'm a senior w/ asthma. Can you help?

This has been going on almost 6 months now. Have been consulting with Legal Services Alabama. But it seems we've reached an impasse. My biggest concern is whether apartment management will replace any items that must be discarded. But they're refusing to do that. And my renters insurance... Read more »

Tim Akpinar
Tim Akpinar
answered on Apr 29, 2022

This is something that an Alabama attorney is best suited to advise about, but your question remains open for two weeks. I'm sorry for your ordeal with the mold and the mold-induced asthma. At this point, you could reach out to injury attorneys who handle mold cases. Each state can have... Read more »

1 Answer | Asked in Environmental and Landlord - Tenant for Maryland on
Q: Our tenant is requesting environmental testing of the house he is renting from us. He said he started getting sick.

We just received the below email: This email is to inform you of some serious and ongoing health issues I have been having since approximately October. After numerous appointments and extensive testing, as of last week, my doctor has concluded that there may be something in the house that could be... Read more »

Leonard A Englander
Leonard A Englander
answered on Apr 5, 2022

As a CYA measure, I would seriously consider getting some form of testing out there. They may be blowing smoke, but if there is a real issue out there, you are going to want to know about it and get it checked ASAP. If you don't, you could be accused of being negligent and that is the point... Read more »

1 Answer | Asked in Environmental and Personal Injury on
Q: There is a Canadian company that was just found guilty in the US of knowingly polluting a water source where I grew up.

There is a Canadian company that was just found guilty of knowingly polluting a water source with raw mercury and lead slag (,the Columbia river). The toxic pollution was significant enough that it flowed into the United states. They were charged in an American court. I lived in the town that this... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2022

This is something you should consult with an attorney in Canada about. I am very sorry you suffered this ordeal. In the U.S., venue for a lawsuit can be based on the location of the defendant, with additional tests applied to corporate defendants. An attorney in Canada should be able to advise on... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Puerto Rico on
Q: My neighbor is doing major earthwork and excavation on my property without permits nor my permission. What do I do?

My neighbor is doing major earth work on his property for new construction. He excavated a natural drain and installed 32" subterranean pipes, roughly 100' of these pipes are on my property. He has also knocked down a coconut palm tree located on my property. He also excavated a bank... Read more »

Rafael  Pagan-Colon
Rafael Pagan-Colon
answered on Mar 31, 2022

The quickest way would be for you should request an immediate "cease and desist" order from the Municipal Court of the town where your property is located, and request the courts to deliver the order to your neighbor. The Petition should be accompanied y evidence of your title ownership... Read more »

3 Answers | Asked in Criminal Law, Agricultural Law and Environmental for Texas on
Q: I got a warning but no citation, do I have to appear in court?

I got a warning from a TPWD Game Warden for no hunter's safety certificate. I was told to email proof of completion to the local judge and the issue would be resolved, i wouldn't have to appear in court (I have already done so). There is a handwritten appearance date at the bottom, what do I do?

Penny Wymyczak-White
PREMIUM
Penny Wymyczak-White
answered on Mar 20, 2022

Call the court and make sure that you don't have to appear

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1 Answer | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: I am being exposed to cleaning chemicals at work, by a business next door to where I work. Can I take them to court?

They say they are allowed to dump there by the City of Sedona, I stand above the drainage pit all day for 9.5 hours every day, for 8 years, burning eyes, throat, lungs. I have complained to my boss, his boss, the business that's dumping, and the city of sedona, who says they are allowed to do... Read more »

Joel Friedman
Joel Friedman
answered on Feb 25, 2022

Thank you for your inquiry. I see a couple of issues you want to follow up. I would first contact the Arizona Department of Occupational Safety and Health (https://www.azica.gov/forms/adosh2213) and the US Department of Occupational Safety and Health (I don't have a link to the federal form),... Read more »

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