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Groundwater rights: constitutionally compensable interests

Gardere Wynne Sewell LLP
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USA
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March 6 2012

On Feb. 24, 2012 the Supreme Court of Texas issued a watershed decision supporting the property rights of landowners to groundwater beneath their land

EPA adopts CERCLA due diligence standard for forested and rural properties

Gardere Wynne Sewell LLP
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USA
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February 3 2009

Purchasers of industrial or commercial properties are familiar with CERCLA's requirements for All Appropriate Inquiry (AAI), but these requirements, and the ASTM standard commonly used to address them, do not always fit when purchasing undeveloped rural property

New York requires property owners to notify tenants about environmental problems

Gardere Wynne Sewell LLP
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USA
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October 20 2008

New York State has passed a new law requiring certain owners of commercial and residential property to notify tenants if the results of soil, groundwater, or soil gas sampling on the property exceed OSHA or New York State DOH guidelines for indoor air quality

Structure of real estate deals key to determining CERCLA liability

Gardere Wynne Sewell LLP
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USA
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October 20 2008

In a ruling that has a potentially significant effect on the evaluation of CERCLA liability in real estate transactions, the 7th Circuit found that the title holder of contaminated property might not be an “owner” under CERCLA

Gardere submits amicus brief for the American Chemistry Council

Gardere Wynne Sewell LLP
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USA
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October 20 2008

In Behringer, et al. v. Alcoa Inc., the appeals court found that the premises owner owed no duty to household members of an individual who worked on its premises for second hand asbestos exposure

Houston receives $400,000 EPA brownfield grant

Gardere Wynne Sewell LLP
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USA
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April 23 2008

The EPA has awarded the City of Houston a grant of $400,000 under its brownfield redevelopment program

ASTM releases new vapor intrusion standard practice

Gardere Wynne Sewell LLP
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USA
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March 20 2008

On March 4, 2008, ASTM released its new standard practice for Assessment of Vapor Intrusion into Structures on Property involved in Real Estate Transactions

City of Houston participates in Municipal Setting Designation Program

Gardere Wynne Sewell LLP
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USA
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October 24 2007

On August 22, 2007, a new tool became available to those cleaning up or interested in redeveloping contaminated property in Houston

Brownfields update: multiple setting designations - getting to know your city

Gardere Wynne Sewell LLP
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USA
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June 11 2007

The Municipal Setting Designation (MSD) has become a valuable tool for both cities and property owners in fostering brownfield redevelopment and reducing the need to investigate and remediate contaminated potable water sources