Real Property Disputes
__Often, environmental litigation arises in the context of disputes over real property. These may involve waterfront property issues, such as:
• Great Lakes shoreline ownership and rights litigation; • Riparian rights contests on inland lakes and streams; • Dockage and marina disputes; • Disagreements as to access to and use of property; and • The effects of development on neighbors. Many environmental court cases involve cleanups and property transfers, including: • Tenant responsibility for cleanup of a leak or spill; • Negotiated contractual transfer of cleanup responsibility; • Leaking UST closure issues; • The effectiveness of contractor performance as to site conditions; and • Defense of allegations of liability based on status and/or actions that may or may not be related to or a cause of on-site contamination. Whatever the environmental law aspect of litigation, experience with the underlying environmental statutes and regulations is central to effective handling of litigation. |
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