DISCLAIMER: I have included various forms below which might be useful to you in your practice. I provide these forms for educational purposes only and for your own personal use. The forms are not intended to be legal advice and do not create an attorney-client relationship. You should not rely upon or act upon any information that is contained in the forms without first consulting a competent environmental trial attorney and discussing your individual circumstances with him or her. Nothing contained in the forms is guaranteed to be current or correct and I make no warranty, express or implied about the accuracy of the information provided.
- Assignment: The right to sue is a personal right that belongs to the person who owns the property at the time of the injury, and the right to sue does not pass to a subsequent purchaser of the property unless there is an express assignment of the cause of action. A general warranty deed is insufficient to assign a cause of action. A sample assignment is included here for your consideration.
- SWDA Notice Letter: The elements of a Solid Waste Disposal(“SWDA”) Cost Recovery claim are: (1) the defendant is a “person responsible for solid waste” as defined in section 361.271; (2) the [TCEQ] approved the plaintiff’s removal or remedial action; (3) the action was necessary to address a release or threatened release of solid waste; (4) the costs of the action were reasonable and necessary; and (5) the plaintiff made reasonable attempts to notify the defendant of both the release and the plaintiff’s intent to take steps to eliminate the release. With respect to the last element, a sample notice letter is included here for your consideration.
- Indemnity Clause: Indemnity clauses are often used in real estate transactions involving environmentally impacted properties. An indemnity arises from a promise by the indemnitor to safeguard or hold harmless against existing or future loss, liability, or both. Typical indemnity language is “indemnify, save, protect, save/hold harmless.” A sample indemnity clause is included here for your consideration.