Lexis Nexis 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.
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Featured Authors
Michael B. Gerrard,
Michael B. Gerrard is Andrew Sabin Professor of Professional Practice at Columbia Law School and founder and faculty director of its Sabin Center for Climate Change Law. He teaches courses on environmental law, energy regulation and climate change law. He chaired the faculty of Columbia's Earth Institute and holds a joint appointment to the faculty of its successor, the Columbia Climate School. Until December 2008 he headed the New York City office of Arnold & Porter LLP and its environmental law practice; he is now Senior Counsel to the firm (now Arnold & Porter Kaye Scholer LLP). He practiced environmental law full-time from 1979 through 2008.
He was 2004-2005 Chair of the American Bar Association‘s Section on Environment, Energy and Resources. He is also former Chair of the Environmental Law Section of the New York State Bar Association, and former Chair of the Executive Committee of the New York City Bar Association. He has served on the executive committees of the Environmental Law Institute and the American College of Environmental Lawyers.
He is General Editor of Matthew Bender‘s twelve-volume Environmental Law Practice Guide, which upon publication was selected as the “Best Law Book of the Year“ by the Association of American Publishers. He is the General Editor of Matthew Bender‘s four-volume publication Brownfields Law and Practice, winner of the 1998 “Best Law Book of the Year“ award. He is co-author of Matthew Bender‘s Environmental Impact Review in New York (with Daniel Ruzow and Philip Weinberg), author of Whose Backyard, Whose Risk: Fear and Fairness in Toxic and Nuclear Waste Siting (MIT 1994), editor of Matthew Bender‘s monthly newsletter Environmental Law in New York, and since 1986, co-author of the monthly environmental law column in the New York Law Journal. His other books are The Law of Environmental Justice (2nd ed. ABA 2008), Global Climate Change and U.S. Law (2nd ed. ABA 2014), The Law of Clean Energy: Efficiency and Renewables (ABA 2011), and The Law of Adaptation to Climate Change (ABA 2012). He has served as Deputy Director of the Mayor‘s Transit Office in New York City and Special Counsel to the Chair of the New York Metropolitan Transportation Authority.
He received his B.A. from Columbia University and his J.D. from New York University School of Law, where he was a Root Tilden Scholar.
Web site: www.columbiaclimatelaw.com
Twitter: @MichaelGerrard
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
