Tolling the statute of limitations

[PayrollHRGuy]

Thanks. Sort of clutching at straws because I don't know how to prove the obvious, that cow manure dust is bad for you.

Is it? Does the poo dust contain a significant quantity of anything that has been proven to be harmful to human health when ingested into the lungs?

 

[NeilTheCop]

Is it? Does the poo dust contain a significant quantity of anything that has been proven to be harmful to human health when ingested into the lungs?

The EPA have a long list of known pathogens in animal manure, including cow.

 

[PayrollHRGuy]

The EPA have a long list of known pathogens in animal manure, including cow.

Well there you go.

 

[NeilTheCop]

Well there you go.

I'll give it a try, but you know how attorneys are at negating the obvious by using some obscure case law

 

[quincy]

I'll give it a try, but you know how attorneys are at negating the obvious by using some obscure case law

Yup. Attorneys are tricky little devils. Haha.

 

[NeilTheCop]

Yup. Attorneys are tricky little devils. Haha.

I think the term 'slippery' sums them up best

 

[Taxing Matters]

I think the term 'slippery' sums them up best

Hey now, I'm only slippery when wet, mostly after the shower.

An EPA listing of known pathogens that might result from manure is helpful but doesn't get you all the way there to prove that you are suffering irreparable harm. You'll need evidence that you are already suffering demonstrable harm or that the risk is so great that you are likely to suffer imminient and long lasting harm if the relief is not granted. This would likely require expert testimony, and there are specific rules that govern expert testimony.

 

[NeilTheCop]

Hey now, I'm only slippery when wet, mostly after the shower.

An EPA listing of known pathogens that might result from manure is helpful but doesn't get you all the way there to prove that you are suffering irreparable harm. You'll need evidence that you are already suffering demonstrable harm or that the risk is so great that you are likely to suffer imminient and long lasting harm if the relief is not granted. This would likely require expert testimony, and there are specific rules that govern expert testimony.

I hope admin allows this video as that's a fake name just for this issue.
What do you think, would you say that I am suffering imminent and long lasting harm?
Both of those rickety fences are on my property and the northern boundary is about 10 feet before you get to the wheel of the irrigation boom

 

[PayrollHRGuy]

Is the dust what behind the trucks as they drive by what you are concerned about?

 

[quincy]

I thought Neil's concern was about the manure. That is a lot of dust being kicked up by the trucks, though.

 

[Ohiogal]

I am only slippery when wet. Dangit. I feel insulted.

 

[Ohiogal]

Hey now, I'm only slippery when wet, mostly after the shower.

An EPA listing of known pathogens that might result from manure is helpful but doesn't get you all the way there to prove that you are suffering irreparable harm. You'll need evidence that you are already suffering demonstrable harm or that the risk is so great that you are likely to suffer imminient and long lasting harm if the relief is not granted. This would likely require expert testimony, and there are specific rules that govern expert testimony.

Just read this and I agree. I am only slippery when wet as well.

 

[NeilTheCop]

Is the dust what behind the trucks as they drive by what you are concerned about?

It's the nature of the dust, as it originates from the cow manure that's left behind in the trucks, and the manure that fell off the trucks as they drive down to the 'piles'. This road has been in almsost daily use for 2 years so any dust from the roads construction has long gone. Even so, the constant forced inhalation of dust 10 hours a day, 7 days a week from whatever source can only be considered a threat to health.
Almost forgot. Can the possibility of the pollution of the groundwater be construed as irreparable harm , not just to me but for all the local well owners?

 

[PayrollHRGuy]

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

 

[not2cleverRed]

It's the nature of the dust, as it originates from the cow manure that's left behind in the trucks, and the manure that fell off the trucks as they drive down to the 'piles'. This road has been in almsost daily use for 2 years so any dust from the roads construction has long gone. Even so, the constant forced inhalation of dust 10 hours a day, 7 days a week from whatever source can only be considered a threat to health.
Almost forgot. Can the possibility of the pollution of the groundwater be construed as irreparable harm , not just to me but for all the local well owners?

I suppose you would have to test the dust for fecal content and pathogens, etc., in order to come even close to making a compelling argument that there in a health threat.

You would have to show that the "possibility" of pollution of the groundwater in not merely "possible" but likely, and/or has already happened. However, I think it would be the EPA that would have standing to pursue that matter, not you.