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Litigation Related to the Purchase of Contaminated Real Estate

Litigation related to the purchase or sale of contaminated property 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 owner and operator status, businesses must consider environmental risks to appropriately value corporate real estate transactions. Jackson Gilmour & Dobbs, PC represents clients, including landowners, landlords and tenants, operators, management companies, and real estate developers in transactions involving environmentally impacted and 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. We help our clients successfully navigate these issues, avoid common pitfalls, and provide compliance counseling to help avoid additional liability posed by the sale of a contaminated parcel of real estate. These skills also provide our attorneys with the strong foundation necessary to litigate any issues that arise following the purchase or sale of contaminated properties. Environmental issues can arise decades after the sale or purchase of property and our attorneys regularly represent clients in prosecuting and defending claims concerning historical property contamination.

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Announcements
  • Jackson Gilmour & Dobbs, PC shareholder John Hagan was awarded the 2015 Excellence in Public Interest Award for pro bono service in the field of public interest law.
  • Jackson Gilmour & Dobbs, PC was again named a "Best Law Firm" by U.S. News and Best Lawyers in 2015.
  • Bill Jackson has again been honored as a leading Environmental Litigator by Chambers and Partners' 2015 Chambers USA Guide.
  • Lori Warner was again named to "The Best Lawyers in America" in the Environmental practice area for 2015.
  • Bill Jackson will present to the American Association of Port Authorities at the April 7, 2015 conference in New Orleans on innovative approaches to moving from environmental contamination and natural resource injury directly to restoration and economic redevelopment.
  • As part of a pro bono team, Jackson Gilmour & Dobbs partner John Hagan obtained a landmark decision from the Texas Court of Criminal Appeals that fundamentally changes the process for certifying juveniles to stand trial as adults in the State of Texas.
  • Bill Jackson was named to "Texas Super Lawyers" for Environmental Litigation again for 2014.
  • Will Petit and Kenny Corley were again named "Texas Rising Stars" by Super Lawyers in 2015.
  • 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 and Lori Warner were honored in the Texas Lawyer as "Top Rated Lawyers in Texas" and A/V preeminent by Martindale-Hubbell.