El Paso Refinery, LP v. TRMI Holdings, Inc.
United States Court of Appeals for the Fifth Circuit
302 F.3d 343 (2002)
Relevant factsFree
TRMI's (defendant's) transfer documents when it sold an oil refinery contained covenants barring subsequent owners from seeking environmental-cleanup contribution from TRMI, and a later owner sought a declaratory judgment on the parties' respective cleanup responsibilities, with TRMI arguing the anti-contribution covenant ran with the land either as a real covenant or an equitable servitude binding the current owner.
IssueFree
Whether a covenant not to seek contribution from a prior property owner for environmental cleanup binds future owners of the property because it touches and concerns the land.