Brownfield Developments and Environmental Risk Assessments

• Publication year: 1996
• Pages: 53
• Citation: Vol. 25 No. 4 Pg. 53

25 Colo.Law. 53 Colorado Lawyer 1996.

1996, April, Pg. 53. Brownfield Developments and Environmental Risk Assessments

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53

Vol. 25, No. 4, Pg. 53

Brownfield Developments and Environmental Risk Assessments

by David R. Stewart

A new area of real estate development termed "Brownfield development," is typically a project involving redevelopment of abandoned, contaminated industrial land and a return of the property to productive local use.(fn1) Presently, the Environmental Protection Agency ("EPA") is awarding pilot projects to local and state governments to obtain additional data with respect to the potential liabilities associated with Brownfield restoration. Pilot projects are proceeding in fifteen cities and, as discussed below, each project has been awarded up to $200,000 to assist in enumerating, assessing and evaluating the potential for redevelopment of contaminated properties

This article discusses the specifics of the Brownfield development projects, the importance of risk assessments to such projects and the process for obtaining an effective risk assessment.

Overview of Brownfield Projects

Brownfield development projects can be broken down into four categories of study(fn2):

1. Brownfield Pilot Projects. Fifty sites throughout the United States will be selected for a pilot project. Each project receives funding of up to $200,000 over two years to test the redevelopment models. Special efforts will be directed at eliminating the regulatory barriers to this type of development.

2. Clarification of Liability Issues. The EPA and states will issue joint guidelines for Brownfield development projects to clarify liability issues. This guidance will clarify that the agencies have the discretion not to use enforcement actions against various parties at specific sites under certain conditions.

3. Partnerships and Outreach. The third aspect of Brownfield development is a partnership and outreach program between agencies and the development community. The EPA and participating states have made a commitment to develop strategies for promoting public participation and community involvement in Brownfield development. The partnership and outreach program is intended to ensure that members of the community are aware of the decisions involved with a Brownfield site and are provided a chance to comment on the final use and acceptance of risks associated with the development project.

4. Job Development and Training. The EPA program is to provide a plan for job development and training in environmental remediation services. Environmental remediation services will provide a new workforce that will be trained in a specialized field and also will provide jobs for the local community.

Clarifying Liability Issues

The EPA program's most significant asset is that it will help clarify liability issues associated with...