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

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

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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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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