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lecture24 - Lecture 24 Brownfields and Superfund reform...

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Unformatted text preview: Lecture 24 Brownfields and Superfund reform Definition of a Brownfield 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 (Definition from Public Law 107-118, Small Business Liability Relief and Brownfields Revitalization Act) EPA estimates there are to 1 million Brownfield sites in the U.S. References on Brownfields History Elizabeth Collaton and Charles Bartsch, 1996. Industrial Site Reuse and Urban RedevelopmentAn Overview, Cityscape: A Journal of Policy Development and Research , Volume 2, Number 3, Pp. 17-61, U.S. Department of Housing and Urban Development, Office of Policy Development and Research, September 1996. Brownfield News, 2002. http://www.brownfieldcentral.com/v3/TIMELINE.ASP . Accessed May 10, 2002. Carla Anderson, 1999. New Hope for New Jersey's Brownfields, Phoenix Magazine , Issue No. 4, January 1999. http://www.friendsofphoenix.org/No4Jan99/Brownfields.htm . Accessed May 10, 2002. Brownfields timeline 1980 CERCLA Established strict and several liability for all present and former land owners and operators 1983 ECRA New Jersey Environmental Cleanup Responsibility Act nations most stringent environmental cleanup law when passed required industrial and commercial sites to be clean before they could be sold, transferred, or closed. NJ ECRA Provisions Applied to closing, terminating, or transferring operations, which were defined to include: Any change in ownership or use of a site, including those acquired through condemnation by local governments or authorized development organizations. Sale or transfer of stock as part of a corporate merger or consolidation. Cessation of all or part of operations for a period longer than 2 years. Financial reorganization, bankruptcy proceedings, and similar occurrences. Brownfields timeline 1986 SARA Provided exemptions from liability: innocent landowners defense - allows property owners who did not know and had no reason to know of any contamination at the site to be free from liability as long as certain conditions are met. secured creditor exception (SCE) excludes lending institutions that have only limited involvement in the operation of a property, either as its creditor or as its owner following foreclosure Innocent landowner defense had no reason to know means: new owner must have undertaken, at the time of acquisition, all appropriate inquiry into the previous ownership and uses of the property consistent with good commercial or customary practice. In other words: stupid innocent Brownfields timeline 1990 Fleet Factors decision Increased liability for lenders that could affect hazardous waste disposal decisions U.S. Court of Appeals for the 11th Circuit held that a secured creditor could be liable under CERCLA if its involvement in a facilitys management is sufficiently broad to support the...
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This note was uploaded on 12/06/2011 for the course ESD 1.34 taught by Professor Petershanahan during the Spring '04 term at MIT.

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lecture24 - Lecture 24 Brownfields and Superfund reform...

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