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Environmental Questions & Answers

1 Answer | Asked in Environmental and Real Estate Law for Maryland on

Q: Is there a difference between water quality inspection and a well inspection?

Trying to figure this out in a home contract... a realtor is trying to tell me there isn't, but I think there is. I just want to rectify the issue before any contract is signed and legal issues develop

Richard Sternberg answered on Jun 14, 2019

When in doubt, include it twice, such as "water quality inspection including but not limited to well inspection".

1 Answer | Asked in Environmental and Landlord - Tenant for Florida on

Q: We have mold and mildew in our house in the attic under the kitchen sink and the water smells like rotten eggs

Our daughter has been to the hospital 5 or 6 times in one month

Bruce Alexander Minnick answered on Jun 11, 2019

Contact the local county health department about this health problem, right away.

1 Answer | Asked in Real Estate Law, Environmental and Health Care Law for New York on

Q: Hi good morning I'm trying to get out of my apartment lease and the building has a lot of black mold

I've been living in my apartment for 3 years and I've had black mold 4 times. all of this is documented as well. For the past few times that I've had mold ive been ignored for months about maintenance being done for my apartment. Ik that black mold falls under the tenants responsibility to make... Read more »

Michael David Siegel answered on Jun 6, 2019

See if the landlord will just consent. Make sure you have documented what you posted here in writing to the landlord with proof of delivery. If you just leave, and are sued for breach, you will have a defense. Also, call the City to issue a violation, which will support your case.

1 Answer | Asked in Environmental for Colorado on

Q: what standard is used when the environmental process is challenged in court

Timur Akpinar answered on May 22, 2019

There could be a number of different standards. As a general matter, a process could be challenged if it was found to violate the Clean Air Act, Clean Water Act, Toxic Substances Control Act, or other regulations.

Tim Akpinar

1 Answer | Asked in Criminal Law, Civil Rights and Environmental for Oklahoma on

Q: The Public's right to access and clean up public land

Does the public have the right to access public land for the purpose of cleaning up and remove trash materials

Keegan Kelley Harroz answered on May 13, 2019

Please repost with a question.

2 Answers | Asked in Real Estate Law and Environmental for Tennessee on

Q: What kind of lien can we place on neighbor's property? Pond built causes flooding on our property & foundation sagging

Neighbors down creek installed pond, now backs into our yard when it rains, they won't fix & now they are selling. We have lived in our home for 19+ years they built their home about 9 years ago then installed a pond in the middle of the creek, they changed the height & redirected the creek. Now... Read more »

Anthony M. Avery answered on May 2, 2019

You have probably already breached the three year property damage statute of limitation. No lien is possible without first suing them and getting a judgment. Although doubtful a competent attorney might be able to help you. There may be other causes of actions which two title searches and a... Read more »

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1 Answer | Asked in Agricultural Law, Car Accidents and Environmental for Alabama on

Q: Is it illegal to mow grass clippings into the road in alabama

Timur Akpinar answered on May 2, 2019

As a general matter throughout the nation, some jurisdictions have local regulations/codes that treat such clippings as hazards to the public or to traffic. This is aside from any state and local environmental or sanitation regulations that might apply.

Tim Akpinar

1 Answer | Asked in Land Use & Zoning and Environmental for Ohio on

Q: Does the grandfather clause overrule protection of species afforded by the endangered species act?

The land was owned by the family before the ESA was passed but an endangered species resides on the land. The family now wants to develop the land but development would be detrimental to the species. The ESA would normally protect species on private land, but would this protection still be able to... Read more »

Joseph Jaap answered on Apr 24, 2019

The answer would require significant legal research into federal and state law and regulations, and conversations with various government agencies, and permits for any development which might require impact studies. Use the Find a Lawyer tab to retain an attorney who practices environmental law.

1 Answer | Asked in Environmental and Patents (Intellectual Property) for California on

Q: My friend patented in Mexico a new way to clean water in the oceans. Would like to sell here in USA.

Peter D. Mlynek answered on Apr 7, 2019

Your friend's patent will only protect him/her from the competition within Mexico. If your friend did not patent it with the USPTO, anyone will be able to practice the invention in the US, but so nothing for your friend to sell. What does your friend want to sell?

1 Answer | Asked in Agricultural Law, Construction Law and Environmental for Tennessee on

Q: Where would I find a law describing how I would get a permit to build a green way and other trails in my community?

I would like to build various trails on unused land that can not be accessed by roads and are owned by the government. Where would I look and how would I obtain a permit to build this in my community?

Timur Akpinar answered on Mar 25, 2019

A starting point could be to contact the Tennessee Department of Environment & Conservation. They have a Knoxville Environmental Field Office.

Tim Akpinar

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for California on

Q: If I been given a UD filed Feb 1st, 2019, but still no court as of yet. Can I still sue them in small claims court?

Breach of Contract and Covenant of Quiet Enjoyment, Owner and Manager for harassment, Intentional Infliction of Emotional Distress, outrageous conduct, extreme and outrageous conduct by the Owner and Manager with the intention of causing, or reckless disregard of the probability of causing,... Read more »

Thomas A. Grossman answered on Mar 18, 2019

I don't understand your statement of "No Court," which I assume means there has been no Court date set. You need to go on the internet and find the nearest Court in your County. Then log in to that Court Website and look for a case number. If you received papers from the Court you probably have... Read more »

1 Answer | Asked in Criminal Law, DUI / DWI, Agricultural Law and Environmental for Georgia on

Q: is it legal to buy CBD (Hemp) oil THC FREE online and have it shipped to my home if I live in Georgia?

Ecleynne Mercy answered on Mar 8, 2019

The Georgia House just approved a bill that would allow medical marijuana oil to be sold to registered patients, giving them a legal way to obtain a drug that they’re already allowed to use.... Read more »

1 Answer | Asked in Environmental for Arizona on

Q: Can a person sue a town for bad water that causes tooth decay and discoloration?

Timur Akpinar answered on Mar 5, 2019

Yes, but these are generally very expensive cases to prosecute. They often involve a class of plaintiffs because the financial burden of analytical tests and expert testimony is beyond the capacity of an individual. You could contact a toxic tort-environmental attorney to discuss the viability of... Read more »

1 Answer | Asked in Environmental for Oklahoma on

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

before time span of numerous types of cancers, autoimmune diseases, lupus,diabetes,esrd with dialyses, strokes

many in multiple families as well as neighborhoods, this is uncanny and cannot no longer be overlooked. i have done research and this has been going on for over 30 plus years. this... Read more »

Timur Akpinar answered on Jan 31, 2019

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... Read more »

1 Answer | Asked in Environmental for Oklahoma on

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

i have done some research and found a common demominator which is cancer agents in water supply, i am sure there are many more common denominators-what is my recourse to handle this situation with justice

Timur Akpinar answered on Jan 24, 2019

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... Read more »

1 Answer | Asked in Personal Injury, Civil Rights, Environmental and Landlord - Tenant for Alabama on

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

I was prohibited from putting up a small menorah on my patio while other residents were decorating with trees and Christmas stuff- I have had 4 major leaks and floods and have mold- the second time they left holes half my height in my kitchen and bedroom for two months without fixing- the remedy... Read more »

Peter N. Munsing answered on Jan 23, 2019

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.

Limbs have fallen from the two trees on both sides of the tree limb that hit my car causing $2,000.00 damage to my vehicle

Ali Shahrestani, Esq. answered on Jan 14, 2019

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.... Read more »

1 Answer | Asked in Environmental on

Q: case study on environmental liabilities of owners and occupiers

Timur Akpinar answered on Jan 11, 2019

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

1 Answer | Asked in Environmental, Land Use & Zoning and Real Estate Law for Tennessee on

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 ?

I am currently in the process of fencing in an area that encloses a section of the creek on my property. The creek has a wide location where a secondary stream once ran around a dune, but now it's back down to the one main creek bed. I want to dig out the dune area, and open this naturally widened... Read more »

Anthony M. Avery answered on Jan 1, 2019

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... Read more »

1 Answer | Asked in Environmental for New Jersey on

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

action against them in the past?

Timur Akpinar answered on Dec 28, 2018

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

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