West Virginia § 22-22B-11 Enforcement of environmental covenant

West Virginia Statutes

§ 22-22B-11 — Enforcement of environmental covenant

West Virginia § 22-22B-11

Ch. 22ENVIRONMENTAL RESOURCES

Art. 22BUNIFORM ENVIRONMENTAL COVENANTS ACT

This text of West Virginia § 22-22B-11 (Enforcement of environmental covenant) is published on Counsel Stack Legal Research, covering West Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

W. Va. Code § 22-22B-11 (2026).

Text

(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 agency or, if it is not the agency, the Department of Environmental Protection;

(3)Any 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; or

(5)A municipality or other unit of local government in which the real property subject to the covenant is located.

(b)This article does not limit the regulatory authority of the agency or the Department of Environmental Protection under law other than this article with respect to an environmental response project.

(c)A person is not

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(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 agency or, if it is not the agency, the Department of Environmental Protection;

(3) Any 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; or

(5) A municipality or other unit of local government in which the real property subject to the covenant is located.

(b) This article does not limit the regulatory authority of the agency or the Department of Environmental Protection under law other than this article with respect to an environmental response project.

(c) A person is not responsible for or subject to liability for environmental remediation solely because it has the right to enforce an environmental covenant.