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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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Announcements
  • Lori Warner has been named among "The Best Lawyers in America" in the Environmental practice area for 2015.
  • Bill Jackson has been honored as a leading Environmental Litigator by Chambers and Partners' 2014 Chambers USA Guide.
  • Jackson Gilmour & Dobbs, PC has been selected as a 2014 "Best Law Firm" by U.S. News and Best Lawyers.
  • Bill Jackson has been named to "Texas Super Lawyers" again for 2014.
  • Will Petit has been recognized with the "Rising Star Award" by Texas Tech University School of Law for his exemplary contributions, service and leadership to the profession and law school.
  • Bill Jackson received the 2014 Dean's Award for outstanding service to the University of Houston Law School.
  • Will Petit and Kenny Corley were again named "Texas Rising Stars" by Super Lawyers.
  • 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.
  • John Gilmour and Bill Jackson recently presented on litigating natural resource damages matters on behalf of State trustees at the Conference of Western Attorneys General Annual Meeting in July 2014.
  • Bill Jackson recently presented on Settlement Strategies and Enforcement in environmental and natural resource damages matters at Law Seminars International NRD Seminar July 2014.