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Shell J. Bleiweiss

Shell Bleiweiss’s Answers

24 total

  • Should I have a lawyer to represent me when I am being offered a settlement on a property damage case?

    A backhoe entered my property (which is posted no trespassing) and dug a 2 ft trench the entire length of my 3/4 acre back yard. This is wetland area and now tree roots are exposed and I am concerned about the damage that has been done to the tree...

    Shell’s Answer

    You are always best off having a lawyer negotiate a settlement agreement. In this case it should be a lawyer who understands wetlands law too.

    Shell Bleiweiss
    www.shell-bleiweiss.com

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  • I attended Carver Military Academy, I graduated in 2006. I have a concern about the area where Carver Military Academy is locate

    There was a group of us 5, out of the five, 2 have died of cancer and 2 have been diagnose with having Cancer and myself had multiple Cyst some removed. The only thing these women and I have in common is the school we attended. The deaths of these...

    Shell’s Answer

    A quick google search does not turn up any known environmental problem at Carver. A lot of people die of cancer. It can often raise fears of some environmental cause, without there really being one. You might see a doctor that specializes in environmental and occupational medicine and see if they can turn up any connection. Good luck.

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  • Who is responsible for paying for environmental contamination due to a petroleum spill at a gas station?

    Several years ago, petroleum overflowed when a gas truck was refilling the tanks at my gas station. Subsequent tests revealed that the petroleum spill contaminated the ground. The Dept. of the Environment is requiring me to clean it up, and the bi...

    Shell’s Answer

    I am not a NJ lawyer, although I am an environmental lawyer. I am responding generally based only on the scant facts you present. Generally the gas station is fully liable. From what you describe the trucking company would share that liability. Why didn't you do something about the spill when it occurred? Assuming you can prove the spill occurred, that it was the fault of the trucking company, and that it was the source of the current contamination, you should be able to force the trucking company to share a significant portion of the costs. If the gas station is owned as an LLC, generally you are not personally liable for debts of the station, and they shouldn't come after your personal assets. See a NY lawyer for more certain advice.

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  • Ill have my AA in Dec, what should I take for my BA. I want to b a environmental lawyer.

    I was looking into English b/c I am really good at it for 1 and b/c I want to help write environmental laws. I've been a bio major but I really have a problem with chem. I've been hearing different thoughts about it and my English major idea. Plea...

    Shell’s Answer

    While a technical background, especially in chemistry or hydrogeology, is helpful for an environmental lawyer, it is not necessary. If English is what you enjoy and excel at, go for it. It will come in handy in your writing and speaking, throughout your career.

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  • Are there risks to me to submitting a formal complaint that is public regarding lake dredging without a permit to the Fl EPA?

    I live on a lake in Florida. My neighbor dredged the lake for his boats which in turn lowered the water level to my property by 3 to 5 feet and I am now showing bare ground where prior to the dredging had been water. They also dredged live vegetat...

    Shell’s Answer

    Your neighbot may not appreciate it, but assuming you had nothing to do with the illegal activity it should not come back to bite you.

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  • In Florida my neighbor without permission or permit dredged the lake. Will my property insurer act as plaintiff on my behalf?

    I live on a lake in Florida. My neighbor dredged the lake for his boats which in turn lowered the water level to my property by 3 to 5 feet and I am now showing bare ground where prior to the dredging had been water. They also dredged live veget...

    Shell’s Answer

    Your property insurer will not likely represent you. However, you may be able to accomplish getting the situation returned to the way it was before sim;ly by calling the state or federal EPA and reporting what was done.

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  • Is there any law that can stop a neighbor, who has a permit to burn vegetation in a rural area, from letting it smoke (not burn)

    for days & weeks at a time. There are several homes in the area , our houses are full of smoke, there are residents that have serious health problems. We have been unable to stop this because it is not against the law in our county so we are tol...

    Shell’s Answer

    I am not a Georgia lawyer but you would need to know the permit conditions that were made a part of his permit. If he is not violating any conditions your best approach may be complaining to the office that issues the permit about the problems it is causing.

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  • What is the statute of limitations on environmental clean up laws for an oil spill

    Corp owned gas station. Gas leaked and contaminated ground. In a clean up state for over 15 years. Site not "deemed clean" yet by city. Is there a statute of limitations on environmental accidents (environmental laws) State of Calif? Basically, wi...

    Shell’s Answer

    I am not a California lawyer, so I am answering only generally. States and cities often allow a cleanup to drag on a long time. The government doesn't have some magical SOL that cuts off ongoing cleanups. However, you mention corporate officers being liable forever. Generally, only the corporation is liable, not its officers individually.

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  • Do i need an environmental attorney?

    I purchased a closed gas station. Intial environmental reoprt did not indicate there is a problem. The bank approved the purchase as long as i remove the tanks from the ground. I paid to remove the tanks right away. The lab reports show evidence o...

    Shell’s Answer

    You absolutely do need an environmental attorney. Neither the bank approval nor a missed issue by your consultant save you. Current owners are liable. You may have an action available against your consultant if they negligently missed this issue. You don't say where the property is located. You should contact a good environmental attorney in that state.

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  • My friend's dad harvested more than 2x over limited clams.

    Last sunday. my friend's dad went clam digging with his friend. and they harvested more than 2x over limited. they forgot to read the fishing sign before entering the fishing area. Now they're being asked to go to court in 2 weeks. theres a possi...

    Shell’s Answer

    Your friend's dad should hire a lawyer in his area that practices natural resources law or fish and wildlife law.

    Shell Bleiweiss
    http://www.shell-bleiweiss.com

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