Environmental Questions & Answers by State

Environmental Questions & Answers

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.
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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...
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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.
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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...
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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
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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.
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Q: can i get you to call me?

1 Answer | Asked in Personal Injury, Products Liability, Environmental and Landlord - Tenant for Florida on
Answered on Dec 7, 2017
Christopher Reynolds' answer
That sounds like an awful living situation. There are landlord/tenant laws in Florida that protect tenants such as yourself. Call a local landlord/tenant attorney to discuss your situation and see what options you have.

Please be advised that these communications do not create an attorney-client relationship, that matters have state-specific statutes of limitations, and that these answers are for general information purposes only. You should speak with an attorney licensed in your...
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Q: What is 15.17 hearing

1 Answer | Asked in Criminal Law and Environmental for Texas on
Answered on Nov 29, 2017
Kiele Linroth Pace's answer
It is a reference to Texas Code of Criminal Procedure 15.17 which discusses the procedure for taking an arrested person to a magistrate judge. There was a Texas case called Rothgery v. Gillespie County that went all the way to the United States Supreme Court that is directly on-point with regard to 15.17 so reading about that specific case might be more informative than reading the dry text of the statute.

If you want to read the statute, you can find it here:...
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Q: How to terminate lease in Colorado due to black mold in rental property not being handled in timely manner.

1 Answer | Asked in Personal Injury, Environmental and Landlord - Tenant for Colorado on
Answered on Oct 31, 2017
Peter Munsing's answer
You need an attorney who is tenant oriented. Best bet is contact the local legal services program, ask for their landlord tenant unit, explain it's not for services you just want to find out which of their l&t attorneys is in private practice and their contact info.
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Q: We rented a house with mold and roach infestation.can we get rent and deposit back even though we signed a lease

1 Answer | Asked in Environmental and Landlord - Tenant on
Answered on Oct 29, 2017
Gregory Andrews Cade's answer
The landlord has the obligation to notify prospective tenants with regard to any issues present on the rental property which might pose a danger to their health, including mold contamination and pest infestation, prior to signing the lease. Accordingly, if your landlord wittingly omitted to disclose these problems, they can be held accountable for failing to comply with the warranty of habitability. You can either withhold rent until they properly attend to the mold contamination and pest...
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Q: Can I sue a company for mishandled regulated chemicals

1 Answer | Asked in Criminal Law and Environmental for California on
Answered on Oct 29, 2017
Gregory Andrews Cade's answer
If you did not suffer a severe injury as a result of exposure to the chemicals on your roommate’s work clothes, taking legal action against the employer will most likely be a fruitless endeavor. Whether the practice of having workers clean their own uniforms is legal highly depends on what pesticides they handle during the job and how harmful these chemicals are to human health. Accordingly, laundering contaminated work clothes might be relatively safe as long as certain precautions are...
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Q: Can I bring a class action suit against JCP&L?

1 Answer | Asked in Environmental for New Jersey on
Answered on Oct 29, 2017
Gregory Andrews Cade's answer
Yes, initiating a class action lawsuit might be a good idea if there have been multiple complaints from residents which the company failed to promptly resolve. Depending on the extent of the problem, JCP&L may be held liable for corporate misconduct and/or environmental damage. However, before filing a class action lawsuit, it is crucial to consult a lawyer specialized in this area of practice, namely in Environmental Law, as they have the necessary knowledge to thoroughly evaluate every aspect...
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Q: Currently renting a condo. Water damage from an above unit has made my kitchen and bathroom unusable. What are my right

1 Answer | Asked in Environmental and Landlord - Tenant for Florida on
Answered on Aug 20, 2017
Gregory Andrews Cade's answer
According to the warranty of habitability, landlords have to ensure that tenants are permanently benefiting from appropriate living conditions. The warranty of habitability is effective in every U.S. state. Therefore, you will most likely be able to end the lease by bringing up the landlord’s failure to comply with the warranty of habitability. If, however, you are not willing to do so and would like to continue living in the condo, there are two legal self-help approaches you can resort to...
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Q: My 16 yr old son is visiting me in hyde park from Florida and shot a Canadian goose with a bb gun and killed it.

1 Answer | Asked in Criminal Law, Environmental and Juvenile Law for New York on
Answered on Aug 9, 2017
Aubrey Claudius Galloway's answer
I I'm quite familiar with this type of matter. It is a very complicated issue with far reaching conclusions most people are able to see ( future ability to get into college/get a job/obtain professional license.

One of my passions is juvenile law because I wasn't an angel growing up and generally get to exercise my role as "counselor" as well as "attorney" in such matters.

Please feel free to contact our office at +1 (914) 912-1555 or my cell at +1 (914) 364-6327 and I'll be...
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Q: i have an academic question about intl law and treaties which might not have a certain answer:

1 Answer | Asked in Business Law, Constitutional Law, Environmental and International Law for New York on
Answered on Aug 9, 2017
Barry Eran Janay's answer
This is a legal Q&A board, not a forum for expressing philosophical views on world politics and international relations.
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Q: Do my parents have legal grounds to withdraw from a contract with a Home Builder if know of a potential health risk?

2 Answers | Asked in Real Estate Law, Construction Law and Environmental for Colorado on
Answered on Jul 26, 2017
Tristan Kenyon Schultz's answer
The contact will likely control here. You will need to hire an attorney to review the circumstances and the contact to review the available options.
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Q: Water main break and we have no water until further notice according to the rental office. What are my rights?

1 Answer | Asked in Contracts, Environmental and Landlord - Tenant for Florida on
Answered on Jul 21, 2017
Andy Wayne Williamson's answer
Unfortunately, your question is too broad in my opinion. I suggest that you meet with a landlord tenant attorney in your area to discuss the whole situation. This forum is not a substitute for getting one on one legal advice.

This does not sound like the fault of the landlord, so that might be something that the city will do for effected people, but again speak with a landlord tenant attorney in your area.
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Q: My friend and I are 14. There is a field behind her house. Is it trespassing if we didn't know someone owned it then?

1 Answer | Asked in Agricultural Law, Environmental, Juvenile Law and Real Estate Law for Ohio on
Answered on Jul 10, 2017
Joseph Jaap's answer
Every square inch is owned by somebody. It is trespassing whether you know who owns it or not. Don't go where you don't have permission. It is especially dangerous to go in a field with cows or other animals. And don't go in a field with a single cow. It could be a bull, and they are aggressive and could chase you down and hurt or kill you. You cannot outrun a bull.
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