Get free answers to your Environmental legal questions from lawyers in your area.
Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More
answered on Jul 14, 2024
Thank you for your question!
HOA must maintain the common area which includes water. When an HOA fails to do so, it is subject to several liabilities such as tort and contractual liabilities. Water quality impacts the safety of residents.
You need a real estate attorney... View More
Our house is in a HOA. When we bought the house we were told we were not allowed to drill our own well because our HOA has a water company with it’s wells for the community. Our water is brown. It smokes on cold. My hair falls out, I got gallstones and an infection and a stomach infection had to... View More
answered on Jul 1, 2024
This is a serious situation that potentially affects your health and safety. Here are some steps you can consider taking:
1. Document everything: Take photos and videos of the brown water and any smoking. Keep records of all health issues you believe are related to the water quality.... View More
Hi thank you for your time first off.. I hate bugging my attorney I know she's trying her best we settled at mediation 4 weeks ago and I still haven't recieved any release form to sign. Lawyer/attorney says she will call when it's ready but checked in last Tuesday and nothing yet...... View More
answered on Mar 10, 2024
It is understandable to feel anxious about receiving the settlement release form, especially after waiting for a month since the mediation. However, it is not uncommon for the process to take some time, particularly when multiple parties and attorneys are involved.
Here are a few things to... View More
I was told that my daughter and I can't drink the water but never informed that it was because the well water was known to be contaminated with carcinogens.
answered on Feb 21, 2024
Under California law, landlords have a legal obligation to disclose certain material defects or hazards that may affect the habitability or safety of a rental property. Contaminated well water with known carcinogens, such as trichloroethylene (TCE), would likely constitute a material defect or... View More
A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?
answered on Nov 29, 2023
In California, as a general rule, you are allowed to put a security sticker on your personal bedroom window. This is considered a part of your right to ensure privacy and security in your own home. The use of a security sticker does not typically violate any laws, as long as it does not contain... View More
A neighbor across from us is nosey and opens their lights whenever we do. Can I put a security sticker in my personal bedroom window as a form of safety?
answered on Nov 29, 2023
Yes, you can typically put a security sticker on your personal bedroom window in California. There are no specific laws or regulations in California that prohibit homeowners from placing security stickers on their windows. Security stickers are often used as a deterrent to burglars and can help to... View More
Ice plant scales are a species of insect from South Africa. Can a citizen freely go around with a big thing of them in their truck and release them around California? There HAVE been some instances of them found back in the 80's, but they were mostly eradicated by Caltrans at that time. So... View More
answered on Dec 15, 2024
No, deliberately releasing or introducing non-native species in California is illegal under both state and federal laws. This includes ice plant scales, regardless of whether they previously existed in the state.
The California Fish and Game Code (Section 2118) and the federal Lacey Act... View More
Los Angeles city attorney says churches are exempt from the noise law, LAMPC Chapter 11, Article 5, Section 112 & 115. It is not true. They are twisting the law. How to challenge the law. It is unconstitutional. The city attorney refuses to do anything about a noisy church with an... View More
answered on Oct 23, 2024
To challenge the Los Angeles noise law exemptions for churches, start by thoroughly researching LAMPC Chapter 11, Article 5, Sections 112 & 115. Gather evidence that demonstrates how these exemptions are being misapplied and why they are unconstitutional. Document instances of noise violations... View More
I have continuously complained to mngr and owner about the Mold and many other issues. Owner/mngr have not complied. I have gotten very sick and now carry an inhaler. The owner and their lawyers have tried to evict me before but I have proven to the court the issues i have been trying to get them... View More
answered on Oct 17, 2024
I'm sorry you're going through this difficult situation. It's important to gather all your documentation, including records of your mold complaints, medical records showing your health issues, and copies of the mold test results. Keep a detailed timeline of all communications with... View More
Our neighborhood already burned down in 2016 Lower Lake, CA Clayton Fire.
I'm trying to stop a construction company from building a New WOOD Fence that would abut & be Directly Under my stand of 50 year old Eucalyptus trees lining my 100 foot long driveway at property line.... View More
answered on Oct 8, 2024
To file for a preliminary injunction in Lake County, California, you'll need to start by preparing a legal complaint that outlines your concerns and the reasons you're seeking the injunction. Include all relevant evidence, such as photographs of the tree line and information about the... View More
I partially saved my property in the inhialating 2016 Lower Lake Clayton Fire, including a Stand of 50 year old Eucalyptus Trees that line my 100 foot long driveway & property line. 6 Trees
1 acre land.
New Builders want to errect a 6 foot WOOD fence Directly Under my... View More
answered on Oct 8, 2024
I'm sorry to hear about the challenges you're facing with the new builders. To obtain a preliminary injunction, you should gather all relevant documentation, including photographs of your eucalyptus trees and the proposed fence location. This evidence will support your claim that the... View More
answered on Oct 1, 2024
Qualifying for the PFAS mass tort depends on several factors, including the exposure to PFAS chemicals and a direct link to your thyroid cancer. PFAS (per- and polyfluoroalkyl substances) are man-made chemicals found in many consumer products and can be associated with various health risks. If you... View More
Landlord intentionally placed items in attic to prevent water leak. One set item was a mattress the other ton of insulation. They cut the frame up there and piece it back together in some areas with this metal grate stuff. I began to hear strange noises and inspected up there and found that some of... View More
answered on Sep 19, 2024
It sounds like you’re dealing with a difficult situation, especially if your landlord’s actions led to structural damage in your home. In California, landlords are responsible for maintaining safe and habitable living conditions. If your house is unsafe due to your landlord's negligence,... View More
answered on Jun 30, 2024
It could take more time for a response, since only two days have elapsed. Also, being close to a weekend and major holiday could impact response time. Good luck
Water Resources Control Board. In drought they may get only 0 to 15 %. The rest they take from the groundwater basin. In drought years they have depleted the groundwater basin by replenishing less than 1/2 of what was withdrawn. As the basin is depleted the surface sinks causing home foundations... View More
answered on Oct 10, 2023
1. To enforce the law regarding groundwater withdrawal and replenishment, affected parties can consider filing a lawsuit seeking injunctive relief to compel the water wholesaler to adhere to replenishment requirements. This could also be pursued as a public interest or public nuisance claim if it... View More
On June 16, 2023, 1 mother Mallard and her 10 ducklings came into our yard because their is a swimming pool. We opened the gate and let them into the swimming pool, because they would die if they did not find water. Given some thought, we let them stay and drained the water and did many things to... View More
answered on Jul 23, 2023
The new bill signed by Governor Newsom to help waterfowl, including Mallard ducks, does not automatically entitle you to insurance coverage for any damage caused by the ducklings to your property. Home insurance policies typically cover specific perils, and damage caused by animals may or may not... View More
They have an office in El Monte. Can I file here or do I have to file in Sacramento
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... View More
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?
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... View More
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... View More
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... View More
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... View More
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... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.