Recycling Land : Understanding the Legal Landscape of Brownfield Development

Older--and often economically depressed--industrial cities generally have a number of well located but abandoned industrial sites. Too frequently these sites are heavily polluted by the residue of toxic wastes dumped when old factories were still in use. These "brownfield" sites must be cleaned up under existing law before they can be redeveloped. And yet the question of who will bear the cost of this cleanup frequently stymies efforts to return these sites to productive use. A complicated net of federal, state and local regulations can involve several generations of owners in potential liability for the cleanup, frequently resulting only in extended litigation, not often in the cleanup of the site. In this book, Elizabeth Glass Geltman surveys the laws on both the federal and state level with regard to the cleanup of brownfield sites. The author makes valuable suggestions for reforming these laws that will help encourage land reuse and the accompanying redevelopment of the industrial base of many American cities both large and small. Elizabeth Glass Geltman is Professor of Law, George Washington University Law School and is the author of many books on environmental law, including Modern Environmental Law: Policy and Practice .

Older—and often economically depressed—industrial cities generally have a number of well located but abandoned industrial sites. Too frequently these sites are heavily polluted by the residue of toxic wastes dumped when old factories were still in use. These "brownfield" sites must be cleaned up under existing law before they can be redeveloped. And yet the question of who will bear the cost of this cleanup frequently stymies efforts to return these sites to productive use. A complicated net of federal, state and local regulations can involve several generations of owners in potential liability for the cleanup, frequently resulting only in extended litigation, not often in the cleanup of the site. In this book, Elizabeth Glass Geltman surveys the laws on both the federal and state level with regard to the cleanup of brownfield sites. The author makes valuable suggestions for reforming these laws that will help encourage land reuse and the accompanying redevelopment of the industrial base of many American cities both large and small.
Elizabeth Glass Geltman is Professor of Law, George Washington University Law School and is the author of many books on environmental law, including Modern Environmental Law: Policy and Practice.

Contents 8 1. Introduction: What Is a "Brownfield"? 10 2. The Unanticipated Effects of Environmental Law 20 3. State Statutes Designed to Aid Brownfields Redevelopment 76 4. U.S. EPA Region I: Connecticut, Maine, Massachusetts, New Hampshire, Rhode Island, and Vermont 96 5. Region II: New Jersey, New York, and Puerto Rico 144 6. Region III: Delaware, District of Columbia, Maryland, Pennsylvania, Virginia, and West Virginia 162 7. Region IV: Alabama, Florida, Georgia, Kentucky, Mississippi, North Carolina, South Carolina, and Tennessee 184 8. Region V: Illinois, Indiana, Michigan, Minnesota, Ohio, and Wisconsin 208 9. Region VI: Arkansas, Louisiana, New Mexico, Oklahoma, and Texas 244 10. Region VII: Iowa, Kansas, Missouri, and Nebraska 258 11. Region VIII: Colorado, Montana, North Dakota, South Dakota, Utah, and Wyoming 278 12. Region IX: Arizona, California, Guam, Hawaii, and Nevada 290 13. Region X: Alaska, Idaho, Oregon, and Washington 306 14. Current Federal Brownfields Initiatives 314 15. What Will It Take to Fix the Problem? Policy Options 344 Index 370 "Geltman surveys the laws on both the federal and state level with regard to the cleanup of brownfield sites. The author makes valuable suggestions for reform of these laws that will help encourage the reuse of this land and the accompanying redevelopment of the industrial base of many American cities both large and small. Recycling Land is essential reading for anyone who is concerned with the death of American cities and resulting urban sprawl."--Jacket