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Brownfields Law and Practice: The Cleanup and Redevelopment of Contaminated Land

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Definitive and up-to-date coverage of brownfields laws, regulations, programs, and procedures across the nation.

The complete guide for developers, investors, lenders, property owners, and others who want to seize the opportunity of profitable investment, voluntary cleanup or redevelopment of contaminated land and for their attorneys. It is replete with practice notes and analysis of rapidly evolving federal and state initiatives, programs and policies so that lawyers can most effectively counsel their clients, consider choices in structuring brownfields transactions and negotiate agreements with other parties, including exit strategies to enable brownfields projects to successfully proceed.

Every aspect of the brownfields endeavor, such as legal liability pitfalls, assessments of contamination, self-audit privilege laws, valuation of contaminated property, financial issues and incentives, tax considerations, and specialized insurance policies is considered in-depth. In addition, explanations of federal and state requirements as to problems frequently encountered in the brownfields cleanup process, such as underground storage tanks, asbestos-containing materials, vapor intrusion, lead-based paint, hazardous substance spills, environmental contractor licensing and laboratory certification, are provided.

As a result of having the complete brownfields guide, each party and its counsel can:

  • Identify and understand the applicable laws and issues
  • Select the appropriate type and degree of cleanup
  • Assess the environmental, financial, and legal risks and liabilities
  • Minimize and allocate those potential risks and liabilities
  • Make optimal use of opportunities for brownfields redevelopment and reuse

    Features include detailed chapter summaries; extensive headings and subheadings; practice pointers; sample forms; individual state chapters; lists of laws, governmental contacts, brownfields redevelopers, and web sites; appendices of EPA policy statements and memoranda of agreement; glossary of terms; bibliography; and a disk of sample forms that can be easily downloaded and adapted to meet a variety of situations in the inspection, sale and government- approved cleanup of brownfields.

    4 volumes.

  • Authors / Contributors

    Table of Contents

    Part I THE BROWNFIELD CONCEPT AND OBJECTIVES OF THE PARTIES
    Ch 1: Nature and Effects of the Brownfields Problem
    Ch 2: A Roadmap to the Brownfields Transaction--Perspectives and Goals of the Parties
    Part II LIABILITY
    Ch 3: Principal Cause of Brownfields Problem--Superfund Liability
    Ch 4: Liability of Parties to Brownfields Transactions Under CERCLA
    Ch 5: Non-CERCLA Liability and Requirements That Can Impede Brownfields Development
    Ch 5A: Common Law Liability Relief
    Part III STRUCTURING THE BROWNFIELDS TRANSACTION
    Ch 6: Overall Structure of the Transaction
    Ch 7: Negotiating Transactional Agreements
    Part IV BROWNFIELDS SITE INVESTIGATION
    Ch 8: The Importance of Identifying Contamination
    Ch 9: Types of Site Investigations
    Ch 10: Technical Considerations in Site Assessments
    Ch 11: Reporting Test Results
    Part V ALTERNATIVE METHODS FOR CLEANING UP BROWNFIELDS
    Ch 12: National Priorities List (NPL) Cleanups
    Ch 13: EPA Prospective Purchaser Agreements and Comfort/Status Letters
    Ch 14: Remediation and Redevelopment of Contaminated Federal Facilities
    Ch 15: State “Little Superfund” Programs
    Ch 16: State Property Transfer Acts
    Ch 17: State Voluntary Cleanup Programs
    Ch 18: Underground Storage Tanks and RCRA Corrective Action
    Ch 19: Asbestos Cleanups
    Ch 19A: Vapor Intrusion
    Ch 20: Do-It-Yourself Cleanups
    Ch 21: “Abandonment” Options: Sale, Bankruptcy and Tax Foreclosure
    Part VI TECHNICAL ISSUES IN BROWNFIELDS CLEANUPS
    Ch 22: Cleanup Standards
    Ch 23: Types of Remediation
    Ch 24: Institutional Controls
    Ch 25: Other Remedial Issues: Long-Term Monitoring, Reopeners and Cost Underestimates
    Ch 26: Selecting and Supervising Consultants
    Part VII FINANCIAL, INSURANCE, TAX AND PARTICULAR LEGAL ISSUES IN BROWNFIELDS REDEVELOPMENT
    Ch 27: Sources of Financing for Brownfields Redevelopment
    Ch 28: Insurance Issues
    Ch 29: Valuation of Brownfields Properties
    Ch 30: Tax Treatment of Environmental Remediation Costs
    Ch 31: Public Participation in the Cleanup and Redevelopment Process
    Ch 32: Particular Types of Brownfields Sites
    Ch 33: Exit Strategies
    Part VIII STATE LAW
    (AL, AK, AR, CA, CO, CT, DE, DC, FL, GA, HI, ID, IL, IN, IA, KS, KY, LA, ME, MD, MA, MI, MN, MS, MO, MT, NE, NV, NH, NJ, NM, NY, NC, ND, OH, OK, OR, PA, PR, RI, SC, SD, TN, TX, UT, VT, VA, WA, WV, WI, WY)
    TABLE OF APPENDICES
    APPENDIX A: U.S. EPA's Brownfields Contacts
    APPENDIX B: EPA Guidance on Land Use in the CERCLA Remedy Selection Process
    APPENDIX C: EPA Guidance on Settlements with Prospective Purchasers of Contaminated Property
    APPENDIX D: EPA Policy on the Issuance of Comfort/Status Letters
    APPENDIX E: Memoranda of Agreement Between U.S. EPA and the States
    APPENDIX F: EPA Policy Toward Owners of Property Containing Contaminated Aquifers
    APPENDIX G: State Underground Storage Tank Laws and Regulations
    APPENDIX H: Underground Storage Tank State Contacts for Registration and Release Notification
    APPENDIX I: Sample Transactional Forms and Clauses
    APPENDIX J: Brownfields Redevelopers
    APPENDIX K: EPA Policy on Institutional Controls
    Glossary of Terms
    Bibliography and Websites