Environmental Questions & Answers by State

Environmental Questions & Answers

Q: what are the recourse from drinking water with cancer causing agents all of our lives now people are dying 30 years

1 Answer | Asked in Environmental for Oklahoma on
Answered on Jan 31, 2019
Timur Akpinar's answer
These types of cases tend to be complex and expensive to prosecute. They can involve the testimony of costly scientific experts, and require analytical tests of drinking water and other resources that were subject to contamination. As a first step, you could consult with an environmental/toxic tort law firm.

Tim Akpinar

Q: people is dying at astronimical rates with all types of cancers,esrd, strokes etc.- vastly in certain neighborhoods,

1 Answer | Asked in Environmental for Oklahoma on
Answered on Jan 24, 2019
Timur Akpinar's answer
The situation you describe sounds like cancer clusters or disease clusters, where the incidence of disease, illness, cancer appears in certain geographic regions. As a starting point, you could consult with an attorney who handles environmental/toxic tort cases, meaning that the attorney would have experience in matters involving exposure to toxic substances.

Tim Akpinar

Q: I was told by the apartment management where I live that the manager doesn’t like me because I Jewish- I

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Alabama on
Answered on Jan 23, 2019
Peter Munsing's answer
Contact the ADL for your area. Call national if you're not sure. https://www.adl.org/take-action/report-an-incident

Q: Is the city responsible for property damage caused by limbs falling from the city trees? After a limb falling on my car.

1 Answer | Asked in Agricultural Law, Civil Litigation, Environmental and Gov & Administrative Law for California on
Answered on Jan 14, 2019
Ali Shahrestani, Esq.'s answer
The property owner (be that the city or a private owner) may be liable if the limbs fell due to improper maintenance. You can report this to your car or home insurance for them to pursue against the owner of the property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law...

Q: case study on environmental liabilities of owners and occupiers

1 Answer | Asked in Environmental on
Answered on Jan 11, 2019
Timur Akpinar's answer
I wasn't certain of what the question was, but if you're researching case studies and case law on this issue, it could be a broad area because different jurisdictions could view the capacity in which the occupying was done differently.

Tim Akpinar

Q: I have a creek on my property, approximately 3-5ft deep, and I want to dig out a watering hole for livestock. Can I ?

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Tennessee on
Answered on Jan 1, 2019
Anthony Marvin Avery's answer
Your downstream Landowners are the ones that might give you problems. If your pond stops the water flow of the creek beyond your property, then the adjoining Landowners may possibly sue you for Damages, an Injunction, Declaratory Judgment, etc. It may even be a benefit to the downstream Landowners by lessening erosion. Unless it is a navigable water, you should have no problem. But TCA 69-1-110 allows suit for damages for diverting a stream, without navigability being required. Common...

Q: Can an individual file suit against a company/organization if the govt is actively pursuing the individual or has taken

1 Answer | Asked in Environmental for New Jersey on
Answered on Dec 28, 2018
Timur Akpinar's answer
It could depend on what the government is pursuing them for, and/or what the action against them in the past was for.

Tim Akpinar

Q: Can I sue my neighbor for cutting down a tree on my property?

1 Answer | Asked in Environmental for Washington on
Answered on Dec 26, 2018
Ali Shahrestani, Esq.'s answer
It depends on whether the tree was partially on the neighbor's property as well, whether there's an easement, or whether there's an imminent hazard caused by your tree that impacts the neighbor's property. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice...

Q: Hello what is the difference between these two patents, USA105167343 and USA105072852?

1 Answer | Asked in Patents (Intellectual Property) and Environmental on
Answered on Dec 19, 2018
Kevin E. Flynn's answer
First, it is not uncommon for one patent application that covers different inventions or different aspects of the same invention to end up being published multiple times as the applicant seeks different clusters of claims covering different claim scope. This happens all the time. I go out of my way to use different titles for the different applications but many patent attorneys do not.

Frequently, the applicant filed several clusters of claims in one application and the patent...

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: 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 am pretty sure a nearby company is polluting my well water. What are my next steps?

1 Answer | Asked in Energy, Oil and Gas and Environmental for Texas on
Answered on Oct 15, 2018
Aimee Hess' answer
This is not something you can do on your own. You will need to contact an attorney who specializes in these kinds of claims. They will retain engineering experts to investigate the causal connection between the nearby company and your water well. The experts will test your water and attempt to determine if there is "correspondence" between the company's activities and any pollutants found in your well, in other words, whether any pollutants created by this company are actually migrating to your...

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.

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