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The New Federal Law on Brownfields: The Small Business Liability Relief and Brownfields Revitalization Act

Published online by Cambridge University Press:  19 August 2005

C. Bartsch
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On January 11, 2002, President Bush signed the SmallBusiness Liability Relief and Brownfields Revitalization Act (Public Law107-118) into law — nearly eight years after the first brownfieldbill was introduced into Congress. For the first time,“brownfield” is defined in statute as all “. . . realproperty, the expansion, redevelopment, or reuse of which may becomplicated by the presence or potential presence of a hazardoussubstance, pollutant, or contaminant.” The new law makes it easierfor communities and site owners to promote site cleanup andrevitalization; gives states new resources — and newresponsibilities — in the cleanup process; and clarifies liabilityconcerns for innocent parties, prospective purchasers, and adjoiningproperty owners who did not have a hand in the contamination and whocooperate in its cleanup.The new law more than doubles the UnitedStates Environmental Protection Agency's (USEPA) pilot brownfield program, authorizing $250 million per year (through 2006) for the effort; it also realistically expands the nature of activities that can be addressed with USEPA help to include tools like environmental insurance, which can leverage additional private support. In short, the new law will enable site reuse advocates to address contaminated sites in ways that are both environmentally responsible and economically feasible.

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© 2003 National Association for Environmental Professionals

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