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Real Estate Litigation and Contaminated Properties

Litigation related to the purchase or sale of contaminated real estate typically involves nuanced and complex issues. When property is discovered to be contaminated, either during or following a sale, it can create tremendous questions of legal liability:

  • Was the seller aware of the contamination?
  • Who is liable for the contamination?
  • What law governs the cleanup of the site?
  • Is there insurance available to pay for the cleanup or defense of litigation?

Jackson Gilmour & Dobbs, PC's attorneys routinely counsel clients at different times during the sales cycle to minimize risk and add significant value in corporate and real estate transactions. Because multiple environmental laws and regulations assign environmental liability based on ownership status, businesses must consider environmental risks to appropriately value corporate real estate transactions. Jackson Gilmour & Dobbs, PC has represented clients, including governmental landowners, landlords and tenants, operators, management companies, and real estate developers in transactions involving potentially contaminated properties.

Knowledgeable in all aspects of environmental due diligence, including Phase I and Phase II reports, environmental site assessments, agency records, and facility data to identify potential environmental liabilities, our attorneys are adept at negotiating and drafting risk shifting provisions such as environmental indemnities, environmental insurance, and remediation agreements.

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  • Jackson Gilmour & Dobbs, PC has been selected as a 2014 "Best Law Firm" by U.S. News and Best Lawyers.
  • Lori Warner has been named among "Texas Best Lawyers" for 2014 by U.S. News and Best Lawyers.
  • Bill Jackson has been honored as a 2014 "Leader in the Field" of Environmental Litigation by Chambers USA.
  • Jackson Gilmour & Dobbs, PC, lead counsel for the State of New Jersey in the Passaic River litigation, is proud to announce the entry of $165 Million in settlements for the State of New Jersey on the Passaic River.
  • Jackson Gilmour & Dobbs, PC was selected by US News as a "Best Law Firm" for 2013.
  • Bill Jackson was recognized as a leading Environmental Litigator and a Leading Lawyer for Business by Chambers and Partners' 2013 Chambers USA Guide.
  • Bill Jackson to present on Sediment Mega-Sites at the ABA Section of Litigation Environmental, Mass Torts and Products Liability Litigation Committees' Joint CLE Seminar from January 30-February 1, 2014.
  • Will Petit and Kenny Corley were again named "Texas Rising Stars" by Super Lawyers.
  • Lori Warner was selected for 2013 Best Lawyers America in the practice area of Environmental Law.
  • Lori Warner and Bill Jackson were named "Top Rated Lawyers in Energy, Environmental and Natural Resources" in the American Lawyer and the National Law Journal.
  • Bill Jackson to discuss strategies of putting an NRD case to trial at LSI's Natural Resource Damages seminar in Washington, DC on February 6-7, 2014.  For more information http://www.lawseminars.com/seminars/14NRDDC.php
  • Bill Jackson was named a Texas Super Lawyer in Environmental Litigation in the Super Lawyers Business 2013 Edition.
  • Bill Jackson and Lori Warner were honored in the Texas Lawyer as "Top Rated Lawyers in Texas" again in 2013.