Publications

Understanding Cleanup Statutes

Texas Lawyer
03.19.12

Owning property contaminated by hazardous material can result in government cleanup requirements, depress the value of the property, and create a possible threat to human health and the environment—not a good thing.

The federal Comprehensive Environmental Response Compensation and Liability Act (CERCLA) facilitates the cleanup of contaminated property by creating a federal cause of action that may allow landowners to recover a portion of their cleanup costs from the class of what CERCLA calls potentially responsible parties (PRPs).

CERCLA's passage in 1980 changed the nature of real estate transactions by establishing new statutory liabilities among buyers and sellers of contaminated property, and all significant real estate transactions should address potential liability under CERCLA.

But attorneys dealing with environmental-law issues should know that CERCLA is not the only game in town. Section 361.344 of the Texas Solid Waste Disposal Act (TSWDA) contains a Texas version of CERCLA that provides a state cause of action for recovery of cleanup costs.

Read More.

The publications contained in this site do not constitute legal advice. Legal advice can only be given with knowledge of the client's specific facts. By putting these publications on our website we do not intend to create a lawyer-client relationship with the user. Materials may not reflect the most current legal developments, verdicts or settlements. This information should in no way be taken as an indication of future results.

Search Tips:

You may use the wildcard symbol (*) as a root expander.  A search for "anti*" will find not only "anti", but also "anti-trust", "antique", etc.

Entering two terms together in a search field will behave as though an "OR" is being used.  For example, entering "Antique Motorcars" as a Client Name search will find results with either word in the Client Name.

Operators

AND and OR may be used in a search.  Note: they must be capitalized, e.g., "Project AND Finance." 

The + and - sign operators may be used.  The + sign indicates that the term immediately following is required, while the - sign indicates to omit results that contain that term. E.g., "+real -estate" says results must have "real" but not "estate".

To perform an exact phrase search, surround your search phrase with quotation marks.  For example, "Project Finance".

Searches are not case sensitive.

back to top