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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
  • Chambers USA recognized Jackson Gilmour & Dobbs, PC for its national Environmental Practice in 2016, observing that the firm is "increasingly recognized for its representation of both public and private sector clients on a range of matters, including permitting issues, EPA negotiations and cost recovery suits," and is "particularly active in surface water contamination litigation."
  • Jackson Gilmour & Dobbs, PC was again named a "Best Law Firm" by U.S. News and Best Lawyers for 2016.
  • Bill Jackson is co-chairing LSI's Advanced Natural Resource Damages Program in Santa Fe, New Mexico on July 14-15, 2016.
  • John Gilmour will present at Law Seminars International's 10 th Annual Advanced Conference on Litigating Natural Resource Damages, "Best Strategies and Tactics to Handle Large, Complex NRD Cases," July 14-15, Santa Fe, NM. For more information, please go to https://www.lawseminars.com/detail.php?SeminarCode=16NRDNM.
  • Bill Jackson will present at Law Seminars International's 10 th Annual Advanced Conference on Litigating Natural Resource Damages, "Best Strategies and Tactics to Handle Large, Complex NRD Cases," July 14-15, Santa Fe, NM. For more information, please go to https://www.lawseminars.com/detail.php?SeminarCode=16NRDNM.
  • John Riley was named to "Best Lawyers" for Administrative Law in 2016.
  • John Riley, Bill Jackson, and Paul Sarahan were recognized as Leaders in the Environmental Field by Chambers USA 2016 Guide.
  • Bill Jackson will be presenting to the Conference of Western Attorneys General on July 19, 2016 at its annual meeting in Sun Valley, Idaho.
  • Bill Jackson, John Gilmour and Micheal Dobbs will be co-chairing the Contaminated Sediments Program at the American Association of Port Authorities' Energy & Environment program in Vancouver, BC on September 13, 2016.
  • Will Petit and Kenny Corley were named "Texas Rising Stars" by Super Lawyers in 2016.
  • Bill Jackson and John Riley were named to "Texas Super Lawyers" for Environmental Litigation for 2015.
  • Bill Jackson was again named a "Top Rated Lawyer in Energy, Environmental and Natural Resources" in the American Lawyer and The National Law Journal for 2015.