1. A civil action for injunctive or other equitable relief for violation of an environmental covenant may be maintained by any of the following:

 a. A holder or grantor.
 b. The agency or, if the agency is not the agency with authority to determine or approve the environmental response project, the department of natural resources.
 c. Any person to whom the environmental covenant expressly grants power to enforce the environmental covenant.
 d. A person whose interest in the real property or whose collateral or liability may be affected by the alleged violation of the environmental covenant.
 e. A municipality or other unit of local government in which the real property subject to the environmental covenant is located.

Terms Used In Iowa Code 455I.11

  • Agency: means the department of natural resources created by section 455A. See Iowa Code 455I.2
  • Department: means the department of natural resources. See Iowa Code 462A.2
  • Environmental covenant: means a servitude arising under an environmental response project that imposes activity and use limitations or the written document creating such servitude. See Iowa Code 455I.2
  • Environmental response project: means a plan or work performed for environmental remediation or flood control affecting real property and conducted under or by one of the following:
     a. See Iowa Code 455I.2
  • 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
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Holder: means the grantee of an environmental covenant as specified in section 455I. See Iowa Code 455I.2
  • Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Iowa Code 455I.2
  • property: includes personal and real property. See Iowa Code 4.1
 2. This chapter does not limit the regulatory authority of an agency under law other than this chapter with respect to an environmental response project.
 3. A person is not responsible for or subject to liability for environmental remediation or flood control solely because it has the right to enforce an environmental covenant.
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