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The New Federal Law on Brownfields: The Small Business Liability Relief and Brownfields Revitalization Act

Published online by Cambridge University Press:  19 August 2005

C. Bartsch
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Extract

On January 11, 2002, President Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (Public Law 107-118) into law — nearly eight years after the first brownfield bill was introduced into Congress. For the first time, “brownfield” is defined in statute as all “. . . real property, the expansion, redevelopment, or reuse of which may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant.” The new law makes it easier for communities and site owners to promote site cleanup and revitalization; gives states new resources — and new responsibilities — in the cleanup process; and clarifies liability concerns for innocent parties, prospective purchasers, and adjoining property owners who did not have a hand in the contamination and who cooperate in its cleanup. The new law more than doubles the United States Environmental Protection Agency's (USEPA) pilot brownfield program, authorizing $250 million per year (through 2006) for the effort; it also realistically expands the nature of activities that can be addressed with USEPA help to include tools like environmental insurance, which can leverage additional private support. In short, the new law will enable site reuse advocates to address contaminated sites in ways that are both environmentally responsible and economically feasible.

Type
FEATURES
Copyright
© 2003 National Association for Environmental Professionals

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