Environmental Remediation
and Redevelopment Trusts

An environmental remediation and redevelopment trust (ERRT) can assume the obligations of a liable party’s environmental liability and title to a liable party’s contaminated real property by consent order/consent decree between the U.S. EPA, state, ERRT and liable party and the liable party can receive a covenant not to sue (CNTS) from the U.S. EPA and state (with typical re-openers), in exchange for a one-time, up-front fixed-amount payment by the liable party to the ERRT at closing, under existing statutes and regulations.