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Washington Environmental Questions & Answers
1 Answer | Asked in Environmental for Washington on
Q: Is it my fault water got into the shower window sill?

The window sill is in the shower and has a shower curtain but is apparently not water proof and requires the use of a shower curtain to remain dry. It was not explained in the lease.

Tim Akpinar
Tim Akpinar answered on Mar 18, 2020

One might argue it either way, but this is a question better suited for a landlord-tenant attorney than an environmental attorney. You could repost under the Landlord-Tenant section if the matter is still an issue. Good luck

Tim Akpinar

1 Answer | Asked in Real Estate Law, Agricultural Law and Environmental for Washington on
Q: If I have 5 apple trees that are surrounded by acres of commercial orchards, can I be required to spray with pesticides?

The apple trees were on my property and cared for by the orchard company when I purchased my home 3.5 years ago. I put up a fence and the orchard was taken out and re-planted by a new orchard company after the surrounding orchard was sold. The new fruit company asked me to cut down my trees. I am... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 8, 2020

This is a fairly complex setting and would probably be better suited to a consult with an attorney in Washington State than a Question & Answer Board. Based on Washington case law, an attorney would be in a better position to meaningfully assess the directive to remove trees or apply pesticides... Read more »

1 Answer | Asked in Environmental for Washington on
Q: Can I sue my neighbor for cutting down a tree on my property?
Ali Shahrestani, Esq.
Ali Shahrestani, Esq. answered on Dec 26, 2018

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... Read more »

1 Answer | Asked in Environmental for Washington on
Q: Can an individual file suit against a company or organization if the government is actively pursuing

the individual or has take action against them in the past?

Tim Akpinar
Tim Akpinar answered on Dec 12, 2018

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... Read more »

1 Answer | Asked in Environmental for Washington on
Q: Is it legal to fine local companies who don't recycle?
Tim Akpinar
Tim Akpinar answered on Nov 25, 2018

It depends on applicable regulations.

Tim Akpinar

1 Answer | Asked in Environmental for Washington on
Q: What is the punishment if you can prove a company has diverted the natural course of water on your property?
Tim Akpinar
Tim Akpinar answered on Nov 5, 2018

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

1 Answer | Asked in Environmental for Washington on
Q: I was planning to sue a company for contamination that made a pond on my property toxic but it looks like my state

government already has a lawsuit pending against them. Can I still sue?

Tim Akpinar
Tim Akpinar answered on Oct 15, 2018

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... Read more »

1 Answer | Asked in Animal / Dog Law, Environmental, Personal Injury and Insurance Defense for Washington on
Q: If wildlife causes an accident are you at fault? Or domesticated animals running into traffic?

I drive rural roads with wildlife from small to big to bigger. Deer often cross the road unannounced. I often have to slam the breaks to avoid a collision. Drivers behind me get pissed and have a near miss. Rural roads = barely patrolled. So drivers go fast and will drive where ever there is... Read more »

Peter N. Munsing
Peter N. Munsing answered on Jun 28, 2016

You aren't responsible for wild animals--no one is. As far as domesticated animals, the owner of the animal is responsible for them. In the example you gave I don't see why you would be at fault--the other individual collided with the deer, not with you.

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