Brownfields Development: Critical Legal Issues

September 1, 2006

written by Seth D. Jaffe

What is a Brownfield?

  • Different meanings in different contexts
  • In Federal law, liability provisions apply to all contaminated property
  • In State law, laibility provisions apply to all contaminated property
  • Some financial incentives are limited

Organization of Presentation

  • State law provisions regarding Brownfields
  • Federal law provisions regarding Brownfields
  • Practical tips regarding negotiations

Brownfields Act Liability Relief

  • Innocent Owners/Operators
  • Downgradient Owners
  • Innocent Tenants
  • Redevelopment Authorities and CDCs
  • Secured Lenders
  • Activity and Use Limitations (AULs)
  • Contribution Protection
  • Covenant Not to Sue