FOR IMMEDIATE RELEASE

Contact: Sean Crowley
202-550-6524 | Email

Rob Aldrich
202-431-8848 | Email

Small Community Land Trusts Unite to
Defend Expensive, Frivolous Lawsuits

BURLINGTON, VT -- The Land Trust Alliance has launched a one-of-a kind liability insurance company called Terrafirma Risk Retention Group LLC to defend over 20,000 properties conserved by small community land trusts in Washington, DC and 46 states from expensive, frivolous lawsuits. (The only four states with no Terrafirma land trusts are Arkansas, Minnesota, North Dakota and Oklahoma.)

The most expensive land trust litigation to date cost more than $1.5 million, and others have cost over $250,000, far exceeding the reserves of most land trusts.

For example, the Nevada County Land Trust, and the owners of conserved land near Nevada City, California were sued by an adjacent landowner who attempted to build a road across protected land to gain access to his property. The trial included eight days of testimony by 23 witnesses over an 8-month period, 455 exhibits, and two site visits. The land trust had to conduct a special appeal campaign locally to raise part of the over $300,000 in defense costs. The land trust, now called the Bear Yuba Land Trust, protects the Bear River and Yuba River watersheds providing over half of California’s water. It is one of 53 land trusts in California, which collectively protect three-quarters of a million acres of conserved land statewide, that have joined Terrafirma.

“As land values rise, land trusts will face increasing litigation from deep pocketed opponents who are willing and able to bleed them dry to develop conserved land. Up until now, it has been David vs. Goliath,” said Rand Wentworth, president of the Land Trust Alliance and a former president of a commercial real estate development company. “Terrafirma enables land trusts to pool their resources to defend their conserved lands against wealthy developers who want to pave over paradise.”

Land trusts protect a variety of vital natural resources, including clean air and water, wildlife habitat, farms, ranches, forests, gardens, historic battlefields, nature preserves, parks, shorelines, and trails. One Terrafirma participant, the American Chestnut Land Trust in Calvert County, Maryland, offers hiking trails and canoe trips on its beautiful 3,000-acre preserved area that protects the most pristine watershed on the western shore of the 200-mile long Chesapeake Bay. The Chesapeake Bay is the largest estuary in the United States and home to over 300 species of fish and numerous shellfish and crab species, including the Atlantic menhaden, Striped bass, American eel, Eastern oyster, and the Blue crab.

Nonprofit land trusts are likely to be the most important tool to conserve land in the 21st century.  Congressional appropriators have withheld $16 billion in authorized funding over the past 46 years for the Land and Water Conservation Fund, a major funding source for federal and state acquisitions of land and conservation easements (development restricted land), often purchasing land acquired by land trusts. The LWCF is due to expire in 2015, unless Congress reauthorizes it.

Nearly 60 percent of land trusts are one person or all volunteer operations. The average size of the land trusts’ conservation easements is 300 acres and the average value is $450,000. Each year, an estimated 2 million acres of America’s farms, ranches, forests, wildlife habitat, and other open spaces are fragmented into smaller parcels or lost to development, according to the President’s Annual Economic Report to Congress in March.

This conservation defense liability insurance coverage is not available from commercial or nonprofit insurance carriers for several reasons. The insurance pool is too small to generate enough income, these carriers don’t understand the litigation risks facing land trusts, and they want to settle cases to keep their expenses low and profits high, rather than initiate and defend cases to ensure land is conserved in perpetuity.

Taking matters into their own hands, more than 420 land trusts joined with the Land Trust Alliance to create Terrafirma to protect more than 6 million acres of conserved land, 75 percent of the over 8 million acres conserved by land trusts that cannot afford to self-insure themselves individually, according to the 2010 National Land Trust Census.

“The IRS has stated that a land trust could lose its tax status or ability to accept further donations if it does not have sufficient resources to monitor or defend conservation easements,” said Frederic C. Rich, a partner of Sullivan & Cromwell LLP, an international law firm based in New York that provided nearly $1 million of pro bono services to create a solid legal foundation for Terrafirma. “With insurance from Terrafirma, land trusts can now assure their communities, donors, the IRS, other regulators and legislators that they have the financial capacity to defend their conserved lands in perpetuity.”

Terrafirma’s business is limited to insuring its land trust owner members against the costs of litigation necessary to protect their conserved lands from threats such as trespassing, vandalism, and adverse claims for damages by developers and other parties. Terrafirma differs from other insurance in that it covers all legal-related fees for both enforcement and defense and includes mediation, negotiation and court fees.

“I am both proud and excited about the Alliance's success in creating Terrafirma,” said Andrew Bowman, director of the Environment Program for Doris Duke Charitable Foundation, one of eight major environmental foundations that provided $4 million in capital funding to launch the service. “This innovative service enables community-based nonprofits to protect wildlife habitat and other conserved lands that represent billions of dollars of public and private investment.”

The Terrafirma conservation defense insurance program goals include: 1) protecting the permanence of conserved land; 2) creating favorable case law and avoid unfavorable case law; and 3) encouraging practices to cut the risk of conservation violations and unnecessary litigation.

The basic policy includes: 1) first year premium of $60 per year per conservation easement or fee-owned land; 2) a maximum limit of $500,000 per claim and total claims limit of $500,000; and 3) a $5,000 deductible per claim regardless of policy limits.

“I am the sole staff person of a small land trust in Georgia,” said Steffney Thompson, executive director of the Oconee River Land Trust, which protects nearly 4,400 acres in northeast Georgia, including working forests, wetlands, hardwood forests, riparian buffers, and agricultural lands. “The Terrafirma conservation defense liability insurance program is a very reasonable, balanced, targeted critical service that helps us protect our community’s conservation lands.”

About Land Trust Alliance

The Land Trust Alliance is a national conservation group that works on behalf of the nation’s 1,700 land trusts to save the places people love by strengthening conservation nationwide. The Alliance works to increase the pace and quality of conservation by advocating favorable tax policies and training land trusts in best practices, and working to ensure the permanence of conservation in the face of continuing threats. Learn more >>

About Terrafirma Risk Retention Group LLC

Terrafirma was formed by the Land Trust Alliance to help land trusts defend their conserved lands from the liabilities of legal challenges by pooling and insuring their conservation defense liabilities and also provides information with respect to loss control and risk management. Learn more >>

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FOR IMMEDIATE RELEASE

Contact: Lisa King
New York State Department of Environmental Conservation
(518) 402-8000

Ethan Winter
Land Trust Alliance
(518) 587-0774

 

Grants Leverage an Additional $1.3 Million in Private Money

Public-Private Partnerships to Boost Local Land Conservation

 

WASHINGTON, D.C. -- The New York State Department of Environmental Conservation (DEC) awarded Conservation Partnership Program grants totaling $1.4 million to 57 nonprofit land trusts across the state, DEC and the Land Trust Alliance announced today at a news conference at the Mohonk Preserve in Ulster County as part of DEC’s weeklong celebration of Earth Day. The grants, funded through the state’s Environmental Protection Fund (EPF), will be matched by $1.3 million in private and local funding.

“These grants will go a long way in the conservation of private lands and will result in significant environmental and economic benefits for communities throughout New York,” DEC Commissioner Joe Martens said. “By increasing open space funding by $2.5 million in this year’s budget, Governor Cuomo has placed a priority on preserving and conserving New York’s natural resources. This dedicated source of funding will continue to cover critical environmental and land conservation programs.

“The Conservation Partnership Program is unique in the nation,” Commissioner Martens continued. “The State’s investment in building land trust capacity multiplies several times in benefits to local communities, improving both the local economy and environment.”

The Conservation Partnership Program grants will help local land trusts sustain and expand community and landowner outreach, land conservation, stewardship and education programs. The grants will advance regional economic development goals, create land trust jobs and strengthen partnerships with local and state governments while advancing locally supported efforts to preserve farmland, municipal watersheds and green infrastructure around the state. Land trusts will also apply grant funds to prepare for national accreditation, supporting New York land trust commitments to rigorous standards for organizational excellence.

“I commend Governor Cuomo, Commissioner Martens, and the New York State Legislature for supporting this initiative. At a time when states are watching their budgets carefully, the EPF and the Conservation Partnership Program are proven, cost-effective investments that pay vital dividends for public health and New York’s economy,” said Rand Wentworth, president of the Land Trust Alliance.

“The Conservation Partnership Program has demonstrated impressive statewide success by supporting land trusts in our local communities. This program is a model for the EPF because it unites the goals of New York’s Open Space Conservation Plan, the needs and desires of local municipalities, and the energy and enthusiasm of private landowners and land trust partners to protect and care for the land. When we work and invest together, we can make a huge difference for communities across New York State,” said Becky Thornton, chair of Land Trust Alliance’s New York Advisory Board and president of the Dutchess Land Conservancy.

"The Conservation Partnership Program grants of $1.4 million demonstrate New York State's continued commitment to the local land trusts who are dedicated to providing clean air, water, food and places of recreation to the communities they serve. Not only will these investments in land conservation boost property values and protect public health, but they will also support local businesses thus saving tax dollars," said Senator Mark Grisanti, chairman of the Senate Environmental Conservation Committee. "I am especially pleased that today's announcement that 57 nonprofit organizations will receive funds statewide."

Senator John Bonacic said, “The Hudson Valley and Catskills area economies are assisted in part by our outdoor recreation initiatives. Ensuring key areas of open space are accessible and well maintained can help grow tourism in our community.”

Assemblyman Robert Sweeney, chair of the Assembly Environmental Conservation Committee, remarked, "This is a challenging time for homeowners, charities, and businesses across New York State. Empowering local communities through the Conservation Partnership Program is one proven way to give New York's citizens a voice in their future. It is also an effective way for New York to get the most out of the Environmental Protection Fund. We applaud the work land trusts do on Long Island and across the state and look forward to supporting the program in the coming years."

“The choice by the DEC of the Conservation Partnership Program as the recipients of this funding is a wise one. This partnership will make every public dollar work even harder with private and local funding matches. Land trusts are vital tools in our work to preserve the natural resources New Yorkers treasure. I am proud of the role of the Assembly in assuring the funds to make these grants possible," said Assemblymember Kevin Cahill.

Grant awards range from $1,000 to $75,000. Among the 57 land trusts awarded grants were North Shore Land Alliance, Hudson Highlands Land Trust, Columbia Land Conservancy, Saratoga PLAN, Champlain Area Trails, Finger Lakes Land Trust, Tug Hill Tomorrow Land Trust, Genesee Land Trust and Western New York Land Conservancy. Grant funds are intended to assist land trusts in advancing goals set in the New York State’s Open Space Conservation Plan and state wildlife action plan.

The EPF-funded grants will also support urban open space programs administered by the Manhattan, Bronx and Brooklyn-Queens Land Trusts, Kingston Land Trust, Capital District Community Gardens and Grassroots Gardens of Buffalo.

The $1.4 million was awarded by region as follows:

• Western New York /Finger Lakes/Southern Tier: 11 awards totaling $272,250
• Central New York/Mohawk Valley: Two awards totaling $25,600
• Northern New York/Adirondacks: 10 awards totaling $172,750
• Capital Region: 20 awards totaling $325,900
• Hudson Valley: 26 awards totaling $475,300
• New York City: Three awards totaling $56,700
• Long Island: Three awards totaling $89,000

View a map and a complete listing of the 2013 grant recipients on the DEC website >>

Since the program’s inception in 2002, the Conservation Partnership Program has awarded more than $8 million in grants for 509 projects benefiting 83 different land trust organizations across the state. This investment has leveraged more than $14 million in additional funding. The funds have helped create employment and advancement opportunities in the conservation field and helped local communities permanently conserve more than 18,000 acres of farmland, wildlife habitat, recreation areas and urban open space. The Land Trust Alliance administers the Conservation Partnership Program in coordination with DEC.

The EPF grants announced today will support local efforts that contribute substantially to the Hudson Valley region’s $800 million agricultural sector and $4.3 billion tourism economy by helping to preserve the state’s most productive agricultural lands and expanding public access to trails and other popular recreation areas.

Recent research underscores how New York’s investment in land conservation and open space boosts property values, supports local businesses, saves taxpayer dollars and protects public health. A 2011 study by the Trust for Public Land found that every dollar of investment from New York’s Environmental Protection Fund generates $7 in total economic benefits from tourism, reduced government costs and public health. According to the Outdoor Industry Association, outdoor recreation in New York directly supports 305,000 jobs across the state, generating $15 billion in wages and tax revenue.

About The Land Trust Alliance

The Alliance is a national conservation organization that works in three ways to save the places people love. First, we increase the pace of conservation, so more land and natural resources are protected.  Second, we improve the quality of conservation, so the most important lands are protected using the best practices in the business. And third, we ensure the permanence of conservation by creating the laws and resources needed to defend protected land over time. The Land Trust Alliance is based in Washington, D.C., and has several regional offices. Visit www.landtrustalliance.org.

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FOR IMMEDIATE RELEASE

Contact: Rob Aldrich
Director of Communications
raldrich@lta.org | 202-800-2225

Grant is part of $3 million philanthropic effort to support community-based environmental projects

WASHINGTON, D.C. -- The Land Trust Alliance today received a grant from Wells Fargo & Company (NYSE: WFC) as part of a $3 million Wells Fargo Environmental Solutions for Communities grant program across 64 community-based nonprofits nationwide to help support land and water conservation, energy efficiency, infrastructure, and educational outreach.

“We are excited to be a recipient of this highly competitive Wells Fargo environmental grant program,” said Rand Wentworth, President of the Land Trust Alliance.  “We truly appreciate being recognized and will use this grant to strengthen the work of the Partnership for Gulf Coast Land Conservation, which is a coalition of local, regional, state and national land trusts and land conservation organizations devoted to improving land and water conservation on private lands in the Gulf of Mexico coastal region.”  

The initiative is organized under the auspices of the Land Trust Alliance and is patterned after the many successful land protection collaborations operating in other regions of the United States. Wentworth added “This work creates a healthier, more sustainable ecosystem for wildlife and local families who visit there to enjoy nature.”

The Land Trust Alliance was named among 64 nonprofit recipients of Wells Fargo’s 2013 Environmental Solutions for Communities grant program across the country in honor of Earth Day. The grant program began in 2012 as part of Wells Fargo’s commitment to provide $100 million to environmentally-focused nonprofits and universities by 2020. It is funded by the Wells Fargo Foundation and administered by the National Fish and Wildlife Foundation through a $15 million, five-year relationship to promote environmental stewardship across the country.

“We’re pleased to announce the Land Trust Alliance as a recipient of Wells Fargo’s environmental grant program to help provide long-term solutions to the Southeast region’s environmental challenges,” said Ashley Grosh, head of Wells Fargo Environmental Philanthropy.

The goal of the Wells Fargo Environmental grant program is to provide cash grants for highly impactful projects that link economic development and community well-being to the stewardship and health of the environment. The Land Trust Alliance was identified by Wells Fargo and the National Fish and Wildlife Foundation (NFWF) as being in need of extra support in sustaining and advancing the coalition of private, non-governmental land and water conservation organizations working in the Gulf of Mexico.

“We sought out the best ideas and programs to protect and conserve the environment for local communities,” said Jeff Trandahl, executive director and CEO of NFWF. “Through Wells Fargo’s generous contributions, these community-based projects will provide immediate benefits to local ecosystems and will help build and strengthen environmental stewardship ethics.”

The grant program funded proposals in select cities/regions (see full list) in the following focus areas:

• sustainable agriculture and forestry
• conservation of land and water resources
• energy efficiency and urban infrastructure
• community outreach and environmental education

The community and environmental impacts of all grants will be measured and reported. For example, in 2012, the Wells Fargo Environmental Solutions for Communities grant program collectively funded 8,621 acres of habitat restoration and 165,970 newly planted trees. The grants also helped reduce more than 2 million gallons of runoff water and an estimated 331,840 pounds in CO2¹.

View the full list of 2013 winners. Details of the program and a link to the 2014 application can be found at the National Fish and Wildlife Foundation application website.

¹ Environmental impact estimates were made using the National Arbor Day Tree Benefit Calculator. View more information.

About Wells Fargo

Wells Fargo & Company (NYSE: WFC) is a nationwide, diversified, community-based financial services company with $1.4 trillion in assets. Founded in 1852 and headquartered in San Francisco, Wells Fargo provides banking, insurance, investments, mortgage, and consumer and commercial finance through more than 9,000 stores, 12,000 ATMs, the Internet (wellsfargo.com), and has offices in more than 35 countries to support the bank’s customers who conduct business in the global economy.

A leader in reducing its own greenhouse gas emissions and building sustainably, Wells Fargo has been recognized by the U.S. Environmental Protection Agency’s Center for Corporate Climate Leadership, the Carbon Disclosure Project and the U.S. Green Building Council. Since 2005, Wells Fargo has provided more than $21 billion in environmental finance, supporting sustainable buildings and renewable energy projects nationwide. This includes investments in more than 260 solar projects and 34 wind projects that generate enough clean renewable energy to power hundreds of thousands of American homes each year. For more information, please visit. www.wellsfargo.com/environment.

About The National Fish and Wildlife Foundation

Established by Congress in 1984, the National Fish and Wildlife Foundation (NFWF) sustains, restores and enhances the nation's fish, wildlife, plants and habitats. Working with federal, corporate and individual partners, it has awarded over 12,100 grants to more than 4,000 organizations and leveraged $618 million in federal funds into $2.1 billion for on-the-ground conservation. To learn more, visit www.nfwf.org.

About The Land Trust Alliance

The Alliance is a national conservation organization that works in three ways to save the places people love. First, we increase the pace of conservation, so more land and natural resources are protected.  Second, we improve the quality of conservation, so the most important lands are protected using the best practices in the business. And third, we ensure the permanence of conservation by creating the laws and resources needed to defend protected land over time. The Land Trust Alliance is based in Washington, D.C., and has several regional offices. Visit www.landtrustalliance.org.

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