Are land trusts liabile for environmental cleanup?

Jonatan Brakus asked a question: Are land trusts liabile for environmental cleanup?
Asked By: Jonatan Brakus
Date created: Sat, Apr 3, 2021 9:13 AM

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Trustee under a land trust. In states such as Hawaii, Illinois, and Florida, a corporate fiduciary can have title-holding only responsibilities in these types of relationships. Nevertheless, under some Federal environmental statutes, mere ownership may be sufficient to incur environmental liability. Trustee under a revocable trust.

A trustee who takes title is liable under CERCLA as the property's "owner." This would be unremarkable if the only effect of this rule were the diversion of the trust assets to environmental cleanup. The trust would then be treated as any other owner, and could then seek indemnification from the polluter.

Environmental Liability under Federal Statutes. Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) 42 USC § 9601 et seq. CERCLA is the primary federal statute imposing liability for the clean-up of hazardous substances. Liability may be imposed upon the current owner or operator of a facility, former owners and ...

In examining the popularity of land trusts and private conservation initiatives, we examine the ways in which they also constitute a distinctively neoliberalized form of environmental governance.

The statute can be found at 42 U.S.C. § 9601 et seq. The NCP addressing environmental cleanup and response are in 40 CFR Parts 300-311, 355, and 373. CERCLA’s primary emphasis is the cleanup of hazardous substances releases. The major provisions of CERCLA response authority are under two general authorities:

Land Trusts. Land Trusts can be defined as "private, nonprofit, tax-exempt charitable organizations that use a variety of mechanisms to protect land resources.." Since land trusts are dependent on locally donated or acquired lands, they are indicative as to which local landscapes are prioritized by local conservationists.

The Ministry of the Environment, Conservation and Parks has broad powers to order the person or company who owns or controls a contaminant to clean up any environmental damage. The Ministry can also order the current owner or a previous owner of the property to do the clean-up. There are three general situations where contaminated land must be ...

An Environmental Risk Affidavit is also required. A Land Trust can be created for the property you already own or for the property you intend to purchase. Additional property can be added to an established Land Trust at any time. How does a Land Trust work?

A land trust, or real estate land trust, is a contractual vehicle for transferring the title of a property to an appointed trustee. The original property owner does not lose their claim of ownership on the property, but the trustee becomes the titleholder for legal purposes. There are many reasons why setting up a land trust can be beneficial.

The litigation trust, which sought $25 billion to clean up 2,000 sites in the United States, was eventually joined as a plaintiff in the lawsuit by the U.S. government.

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