Tolling the statute of limitations

[NeilTheCop]

Well it seems my only hope is the fact that the final decision is at the discretion of the judge. I may file a motion to amend my complaint to include trespass, which is self evident.

 

[HighwayMan]

I wasn't there but just looking at the video that looks like dust that was kicked up from the road by the trucks.

I agree. There didn't appear to be anything coming off of the trucks themselves.

 

[HighwayMan]

...amend my complaint to include trespass, which is self evident.

I probably missed something, and will not be reading through six pages of posts to find it, but how is it trespass? Is that road your property?

 

[NeilTheCop]

The dust being blown onto my property is trespass.
Lots of cases cites and Restatement Second of Torts.
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1739&context=elr

 

[quincy]

The dust being blown onto my property is trespass.
Lots of cases cites and Restatement Second of Torts.
https://ir.lawnet.fordham.edu/cgi/viewcontent.cgi?article=1739&context=elr

I think you are going to need to get some experts involved, Neil.

You will want environmental impact studies completed on the dust and the manure and the water contamination, and you will want a health effects study completed to show how your neighbor's activities are impacting (or could impact) your health.

It is all well and good to have laws and case law but the laws and cases alone, that are based on expert reports for conditions present in those cases, does nothing to support your own claims. They only show that, under certain circumstances and with certain facts present, a suit can go forward.

 

[NeilTheCop]

I think you are going to need to get some experts involved, Neil.

You will want environmental impact studies completed on the dust and the manure and the water contamination, and you will want a health effects study completed to show how your neighbor's activities are impacting (or could impact) your health.

It is all well and good to have laws and case law but the laws and cases alone, that are based on expert reports for conditions present in those cases, does nothing to support your own claims. They only show that, under certain circumstances and with certain facts present, a suit can go forward.

Thanks, I already have.
As this is going to be the first challenge to the amended New Mexico Right to Farm Act I've contacted the EPA about the possibility that the water is being contaminated, the Sierra club because the brother of the owners of the farm is the same New Mexico Senator who proposed the amendment to the act, and New Mexico Food and Water Watch who are against the dairies and the politicians who draft or amend laws to protect the dairies.

 

[quincy]

Thanks, I already have.
As this is going to be the first challenge to the amended New Mexico Right to Farm Act I've contacted the EPA about the possibility that the water is being contaminated, the Sierra club because the brother of the owners of the farm is the same New Mexico Senator who proposed the amendment to the act, and New Mexico Food and Water Watch who are against the dairies and the politicians who draft or amend laws to protect the dairies.

You are getting a lot done, then. Good.

And good luck.

 

[NeilTheCop]

I do believe the 2015 decision by a Federal Judge has relevance to my case and especially the courts determination that manure, if incorrectly stored, is a hazardous waste.
http://www.spokesman.com/stories/2015/jan/15/federal-judge-rules-washington-industrial-dairy-ha/

 

[quincy]

It is good to keep gathering support for your action. You will be tasked with showing its relevance to your situation.

Good luck.

 

[Taxing Matters]

I do believe the 2015 decision by a Federal Judge has relevance to my case and especially the courts determination that manure, if incorrectly stored, is a hazardous waste.
http://www.spokesman.com/stories/2015/jan/15/federal-judge-rules-washington-industrial-dairy-ha/

Just keep in mind two things. That decision by a federal district court in Washington is not binding precedent for your court (or any other). Its value is persuasive only. Second, it is helpful only with respect to the legal issues decided by the court. You still have to prove the factual issues; the Washington court's determination of factual issues in some other case is good only for that case. The facts for each case are unique and must be proven to the court.

 

[NeilTheCop]

So despite the EPA, who monitors dairy pollution and who show a long list of the proven nasties that are in cow manure, a Federal Judge saying that cow manure is a hazardous waste, and common sense saying that the inhalation of cow manure dust can't be good for the health I still may have to prove what is self evident?

 

[quincy]

So despite the EPA, who monitors dairy pollution and who show a long list of the proven nasties that are in cow manure, a Federal Judge saying that cow manure is a hazardous waste, and common sense saying that the inhalation of cow manure dust can't be good for the health I still may have to prove what is self evident?

You need to prove to others what is self-evident to you.

 

[laurakaye]

I've been following this thread, Neil. I know you mentioned that you contacted the EPA - what was their response? Have you put anything in writing?

Here's information that seems relevant from the EPA website:

What's an environmental violation versus an emergency?

An environmental violation occurs when an activity or an existing condition does not comply with an environmental law or regulation. Environmental violations can include (but are not limited to):​

• tampering with emission control or air conditioning systems in automobiles;
• improper treatment, storage, or disposal of hazardous wastes;
• exceedances of pollutant limits at publicly-owned wastewater treatment plants;
• unpermitted dredging or filling of waters and wetlands;
• any unpermitted industrial activity; or
• late-night dumping or any criminal activity including falsifying reports or other documents.
  
  An environmental emergency is a sudden threat to the public health or the well-being of the environment, arising from the release or potential release of oil, radioactive materials, or hazardous chemicals into the air, land, or water. Examples of environmental emergencies include:
• oil and chemical spills,
• radiological and biological discharges, and
• accidents causing releases of pollutants

Emergencies are to be reported to the National Response Center at: 1-800-424-8802.

Sometimes one hand of a government agency doesn't know what the other hand is doing. At least that's been my experience.

 

[NeilTheCop]

The EPA handed it over to the local Environmental office who said that no law was being broken so there was nothing they could do.
I pointed out that manure is classified as a solid and/or hazardous waste and it certainly was their concern.
I voiced my concern that I can see a broken water well and that the farmer has admitted they have already caused another well to collapse. yet they are not prepared to even investigate possible pollution to the environment, which is their mandate.
They are now looking into it.

 

[laurakaye]

They are now looking into it.

I hope they actually do their job. That's frustrating.

Have you put it in writing or made a complaint over the phone? I have always found I have better luck when I put something in writing and mail it or find a fax number. I would write a letter detailing the situation to the EPA Deputy Administrator Andrew Wheeler and see if that initiates a better response.