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Environmental Questions & Answers
1 Answer | Asked in Employment Discrimination, Employment Law and Environmental for Mississippi on
Q: How does an employee get help with working in a biased hostile work environment? M any issuer in the company.

Management tends to treat employees different when it comes to company policies only apply to the employees that speak up about issues or the ones that work hard and ask questions. When you go to the upper management, you get poorly treated. Management talks about personal information with all... Read more »

Maurice Mandel II
Maurice Mandel II
answered on May 28, 2023

The complaints that you are making in your post sound like the working conditions in every corporate workplace in this country, so you are not alone. Favoritism based on providing sexual favors to management is prohibited by both Federal and State laws. While an employer cannot take adverse... Read more »

1 Answer | Asked in Environmental for California on
Q: I am filing a writ of mandate against the California Air Resources Board. Can I file in Los Angeles Superior Court

They have an office in El Monte. Can I file here or do I have to file in Sacramento

James L. Arrasmith
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answered on May 6, 2023

If you are filing a writ of mandate against the California Air Resources Board, you can generally file in any superior court in California. However, it is recommended that you consult with an attorney or do your own research to determine the most appropriate venue for your specific case.

In...
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1 Answer | Asked in Agricultural Law and Environmental for California on
Q: Why are bees fish?

In the case of Almond Alliance vs Fish and Game Commission, what is the difference between bees having to be fish and insects having their own section in the CESA? Why not file for an amendment for the CESA to have a section for them?

James L. Arrasmith
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answered on Mar 16, 2023

Bees are not fish, and it is unclear why this question is being asked in the context of agricultural law and environmental law for California. The Almond Alliance vs Fish and Game Commission case likely does not involve the classification of bees as fish.

As for the issue of insects having...
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2 Answers | Asked in Personal Injury, Workers' Compensation and Environmental for Arizona on
Q: Need attorney ASAP that has experience in “Toxic Mold Exposure” in workplace, Maricopa County ARIZONA

Toxic mold exposure where my daughter worked , caused her, a tumor, stage 4 heart failure, organ damage . We need help with finding an experienced toxic mold attorney in Arizona, maricopa county area!

Joel Friedman
Joel Friedman
answered on Mar 10, 2023

Good afternoon. These are very complicated cases and require extremely specific evidence of the extent and location at the workplace of the mold growth, the exact type of mold, the nature of exposure (how long and how close to her work area), absence of any other potential mold exposure, and... Read more »

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1 Answer | Asked in Consumer Law, Personal Injury, Environmental and Health Care Law on
Q: What do I do? I financed a vehicle from a used car dealership and since it's been giving me migraines.

I live in Ontario, Canada. I financed a used vehicle from a place named Montero Auto Center. Since I got it, it's been making me sick, giving me migraines and fevers, even panic attacks which I never ever got before! I notice the trunk had mold in it and the dealership doesn't answer my... Read more »

James L. Arrasmith
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answered on Mar 5, 2023

If you are experiencing health issues and suspect that the vehicle you purchased from Montero Auto Center is causing the problem, you should take the following steps:

Get the vehicle inspected: Take the vehicle to a qualified mechanic or auto body shop to have it inspected thoroughly,...
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2 Answers | Asked in Criminal Law, Environmental and Civil Rights for California on
Q: Hey a couple of questions, first, is there any law that requires a public entity to provide services( mainly in Californ

another question is whether there is an actual law that demands police departments to give lawyer services before the interrogation of an arrested person, if so where does it written, and for how long the consultation can go on? if it's possible I mainly need the source I'm making some... Read more »

James L. Arrasmith
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answered on Mar 5, 2023

Regarding your first question, California's Constitution and laws require public entities, including local governments and state agencies, to provide certain services to the public. For example, the California Constitution guarantees the right to a public education, and the state's... Read more »

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Q: Am I allowed to sell rocks & minerals I find on the beach on Etsy?

I like to collect rocks & minerals on local beaches in California and would like to start selling these on Etsy and my own website. Is that legal? I plan to polish some of the rocks using a tumbler and other polishing equipment and also plan to turn the rocks into jewelry. Some of them I would... Read more »

James L. Arrasmith
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answered on Mar 4, 2023

In general, it is legal to sell rocks and minerals that you find on a beach, as long as you have permission to be on the beach and are not removing rocks or minerals from protected areas, such as state or national parks. However, there may be certain restrictions or regulations regarding the... Read more »

1 Answer | Asked in Real Estate Law, Construction Law, Environmental and Municipal Law for Pennsylvania on
Q: I believe my neighbor may be digging and doing construction work without the proper permits. What options do I have?
James L. Arrasmith
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answered on Mar 2, 2023

If you suspect that your neighbor is doing construction work without the proper permits, there are a few options you can consider:

Contact your local building department: You can contact your local building department to report any suspicious construction activity. They can investigate...
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1 Answer | Asked in Environmental and Criminal Law on
Q: 36 CFR 2.13 (a) (1). I neither lit nor maintained the fire, so I am planning on fighting it.

Curious if it would stay on my record if I were to simply pay the fine. Not sure what the court process is like...

-Will I be orally explaining/defending my lack of involvement of the lighting/maintenance of the fire?

-Is it likely the officer will be present?

-I've... Read more »

James L. Arrasmith
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answered on Mar 2, 2023

36 CFR 2.13(a)(1) refers to the regulations on careless or reckless conduct with fire. If you were issued a citation under this regulation, paying the fine may result in a conviction being entered on your record. However, if you believe you are not guilty, you have the option to contest the... Read more »

1 Answer | Asked in Real Estate Law, Environmental and Land Use & Zoning for Ohio on
Q: Question about property damage. My neighbor has a sump pump that's made a pond/swamp that is affecting my yard and drive

My neighbor has a sump pump that drains out into their yard but borders mine. This has created a pond/swamp in the area and is quite large. This swamp makes it impossible to use part of my yard or even trim it. Also my driveway borders up against this area and has cracking and sinking in towards... Read more »

Joseph Jaap
Joseph Jaap
answered on Feb 21, 2023

Damage from normal water runoff does not give a claim. But if water is redirected or collected to send more runoff, then there can be a claim. Depending on the source of water into the sump, the slope of the land, and where the neighbor directed his sump discharge, you might have a claim for... Read more »

1 Answer | Asked in Environmental, Gov & Administrative Law and Municipal Law for Maryland on
Q: We have a issue with a contractor openly dumping the concrete from the east bound bridge into the Chester river any law

against this activity thaat may serve to stop such a poor idea

Mark Oakley
Mark Oakley
answered on Feb 21, 2023

The Maryland State Department of Natural Resources has jurisdiction over the navigable rivers of Maryland, including police authority, and there are laws prohibiting dumping of trash, waste materials and other objects into rivers, punishable bu criminal and civil fines and penalties. Local county... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Environmental for Tennessee on
Q: Would a trust or live real estate (lifetime dowry) be a better option?

200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 20, 2023

Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not... Read more »

1 Answer | Asked in Environmental and Personal Injury for Texas on
Q: I want an attorney that is brave enough to go against Falls County and Marlin Texas for their water contaminants?

Marlin Texas and Falls County has more contaminants and higher levels than lake lejeune or Flint. 21 contaminants 11 toxic and a lot of people dead with cancer.

John Michael Frick
John Michael Frick
answered on Dec 28, 2022

This isn’t a question of bravery. Mass toxic tort cases like this require the time of multiple legal professionals probably for a period of 2-3 years.

It’s a question of finding plaintiffs who have been effected by the toxicity of the water who have the financial resources to fund...
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1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Texas on
Q: I need help with mold in my apartment. My landlord isn't doing anything & my 1 year old now has a virus due to the mold

The management has been here a week last week it was someone else but I say this because they're saying none of my money orders can be found and I have not paid rent which taxes went really funded me and I have proof which is an approval letter. I think now they're just trying to listen... Read more »

John Michael Frick
John Michael Frick
answered on Nov 16, 2022

There are a number of licensed mold remediation companies that can remediate mold in a dwelling. The procedure to notify a landlord to make necessary repairs is described in detail in Section 92.051-92.062 of the Texas Property Code. It's a few pages of reading, but too long to post here.... Read more »

1 Answer | Asked in Real Estate Law, Civil Litigation and Environmental for California on
Q: I have condo in Long Beach that has sustained months of water damage. Asbestos was found in walls and is now abated.

This has left over half of the condo without walls, closets, cabinets and drawers in bath, kitchen and some floor covering is missing. The leaks are fixed.

Problem: My HOA and the property management company have delayed beyond a reasonable time to get repairs completed. We are now... Read more »

Adam Stoddard
Adam Stoddard
answered on Nov 1, 2022

That's unfortunate news about your condo. I would suggst to first review the CC&R's to see whether or not you can even make repairs without having the oversight from the HOA. I have a condo myself used as a rental property, and I know the CC&R's dictate that the HOA has to... Read more »

1 Answer | Asked in Personal Injury and Environmental for Wisconsin on
Q: Is it legal for Liquid Driftable Pesticides and Herbicides to be Sprayed in High Winds in Excess of 15 to 34 or more mph

I have Security Camera Video Proof Of My Neighbors Lawn Pesticide Applicators Spraying On Days With High Winds. I have Extreme Chemical Sensitivity Illness with A Genomic Blood Test 16 pg Report Proving My Illness. Also Proving That every exposure is compounding my bodies Toxicity. Which I... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 29, 2022

A Wisconsin attorney could advise best, but your question remains open for five weeks. Most traditional tort and injury attorneys who handle personal injury cases such as motor vehicle accidents do not deal with exposure to hazardous substances. You could reach out to toxic tort attorneys in your... Read more »

Q: How would someone get basic information (i.e. claimant name and payout amount) from the BP Oil Spill settlements?

Know that 2019 US Courts ruled that the information can now be viewed by the public.

Tim Akpinar
Tim Akpinar
answered on Oct 21, 2022

The US EPA has a link - "Case and Settlement Information" on their site - https://www.epa.gov/enforcement/deepwater-horizon-bp-gulf-mexico-oil-spill

They provide information on earlier settlements. You could check if they have updates or if they could direct you to resources with...
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1 Answer | Asked in Real Estate Law, Environmental, Land Use & Zoning and Small Claims for Oregon on
Q: Can I take action about a neighbor's overgrown thorn bushes that keep trying to infect my back yard and attach my trees?

His backyard is Completely infested with with thorns and doesn't do anything. He is also scary and constantly verbally abusive to his own family, so talking to him is out of the question.

Katherine Goodman
Katherine Goodman
answered on Oct 11, 2022

Without more information on the location of your property, if you have any agreements on whose responsibility it is to maintain the bushes, where the bushes are located, if you have any or need any easements, it is hard to say what your next step could be. However, if you have not spoken with a... Read more »

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 »

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