Delaware Code Title 7 Sec. 7916 – Enforcement of environmental covenant
(a) A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by:
(1) A party to the covenant;
(2) The Department or,
(3) Any other person to whom the covenant expressly grants power to enforce;
(4) A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the covenant; and
(5) A municipality or other unit of local government in which the real property subject to the covenant is located.
Terms Used In Delaware Code Title 7 Sec. 7916
- Department: means the Department of Natural Resources and Environmental Control (DNREC). See Delaware Code Title 7 Sec. 7907
- Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations. See Delaware Code Title 7 Sec. 7907
- Environmental response project: means a plan or work performed for environmental remediation of real property, conducted:
- Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
- Person: means any individual, trust, firm, joint stock company, federal agency, partnership, corporation (including a government corporation or authority), limited liability company, association, state, municipality, commission, political subdivision of a state or any interstate body. See Delaware Code Title 7 Sec. 7907
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- real property: is synonymous with the phrase "lands, tenements and hereditaments. See Delaware Code Title 1 Sec. 302
(b) This act does not limit the regulatory authority of the Department under law other than respect to an environmental response project.
(c) A person is not subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.