| name | environmental-covenant-and-easement |
| title | Environmental Covenant and Easement |
| description | Drafts recordable environmental covenants and easements imposing run-with-the-land use restrictions after contamination, remediation, or regulatory settlement under UECA, CERCLA, RCRA, and state law. Use when drafting institutional controls, land use restrictions, environmental easements, or post-remediation covenants required by EPA or state environmental agencies. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/environmental-covenant-and-easement |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | environmental |
| language | en |
| tags | ["agreement","drafting","regulatory"] |
Environmental Covenant and Easement
Drafts a recordable, perpetual environmental covenant and easement restricting land use to protect public health following contamination, remediation, or regulatory settlement.
Prerequisites
- Property records — legal description, tax parcel number, deed, title report
- Environmental reports — Phase I/II ESAs, remediation action plans, site investigation reports
- Regulatory instruments — consent decrees, administrative orders, voluntary cleanup agreements, agency correspondence specifying required institutional controls
- Parties — grantor (with authority to encumber) and grantee (agency or authorized holder with statutory authority under UECA or state law)
- Contamination specifics — hazardous substances, remedial measures completed, ongoing monitoring, engineered controls
Output Structure
1. Parties
| Role | Description |
|---|
| Grantor | Property owner conveying restrictions; confirm authority to encumber |
| Grantee | Environmental agency or authorized holder under UECA or state law |
| Additional | Subordinating lienholders, oversight agencies, third-party beneficiaries |
Include full legal names, addresses, and official capacities.
2. Recitals
- Legal description with parcel number and recording info
- Nature and extent of contamination
- Remediation summary and ongoing obligations
- Triggering regulatory action (EPA order, state cleanup agreement, CERCLA/RCRA program)
- Public health purpose and statutory authority (UECA, CERCLA § 120(h) if applicable)
3. Definitions
Define: Property, Restricted Activities, Contamination, Remedial Action, Institutional Controls, Environmental Agency, and site-specific terms. Align with UECA definitions and underlying regulatory documents.
4. Grant of Covenant and Easement
Prohibited Activities (enumerate with specificity):
- Residential use or occupancy
- Potable groundwater well installation
- Excavation or soil disturbance below [specified depth] without agency approval
- Activities disturbing remedial systems, monitoring wells, or engineered caps/barriers
- Any use increasing exposure to contaminated media
Affirmative Obligations:
