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Real Estate Transfers Environmental Liability

Bennett Jones LLP

Implication of Daishowa to Purchasers

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Since the decision of the Supreme Court of Canada in Daishowa-Marubeni International Ltd. v. Canada, 2013 SCC 29 [Daishowa], clarity exists for how a vendor treats abandonment obligations on the sale of resource...more

Lathrop GPM

New Kansas Act Allows Relief for Purchase of Contaminated Property

Lathrop GPM on

On May 9, 2016, Kansas Governor Sam Brownback signed into law the Contaminated Property Redevelopment Act (the “Act”). The goal of this Act is to allow purchasers in Kansas to acquire real property with pre-existing...more

Williams Mullen

Environmental Notes - March 2016

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U.S. Supreme Court to Decide Whether Jurisdictional Determinations May be Appealed - The U.S. Army Corps of Engineers determines the presence or absence of wetlands and other “waters of the United States” on a...more

Williams Mullen

Selling Property “As Is” Won’t Protect Seller From Superfund Liability

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Everyone is familiar with the two little words - “as is” - that pop up in real estate contracts. The “as is” clause is a means of allocating risk between seller and buyer. Generally, a seller who sells property “as is” will...more

Porter Hedges LLP

Environmental Alert: "Clearly Allocate Risk of Change Interpretations in Transactions"

Porter Hedges LLP on

When buyers request that sellers warrant compliance with environmental law, sellers need to appreciate that agency interpretation or agency enforcement discretion may have played a role in the seller’s apparent ongoing...more

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