“Does “No” Mean “No”? What a No Further Action Letter Gives You” by John Slavich

Overview: Guida Slavich and Flores’ clients are increasingly involved with transactions involving Texas properties that have previously undergone environmental remediation. This piece takes a look at the State’s process for providing written confirmation with respect to remediation undertaken at a property, particularly the No Further Action letter and the Certificate of Completion issued under the Voluntary Cleanup Program. It also considers potential gaps in otherwise-anticipated protection from liability provided by such confirmation that should be considered when purchasing property.

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