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Full-Text Articles in Law
Finality In Brownfields Remediation And Reuse, Joel B. Eisen
Finality In Brownfields Remediation And Reuse, Joel B. Eisen
Law Faculty Publications
The intersection of brownfields redevelopment and these broader concerns presents a host of issues. Does redevelopment of brownfields connect to a larger vision for the city that links with "smart growth" and climate action goals? Retooling the original developer-centered vision of VCPs to promote broader goals is an ongoing challenge. Has the affected community been involved in planning for brownfields remediation, or has the developer controlled the process? The latter narrows the ability to view the project as part of a community-wide plan, and undermines its legitimacy. Finally, if brownfields redevelopment yields benefits, how can we measure success over the …
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
Law Faculty Publications
In Part I of this Article, I describe the BRAC process and compare it to the process for remediating abandoned or underused sites in state brownfields programs. I find that while the two systems are different in many significant respects, these differences do not overwhelm the commonalities inherent in comparing two systems that focus on remediating sites and transferring them to their new owners. In Part II, I describe the environmental remediation process of BRAC and positive "surprises" in terms of the statutory preference for finality in remedial actions and for public participation at sites being closed and the more …
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Brownfields At 20: A Critical Reevaluation, Joel B. Eisen
Law Faculty Publications
Following a basic description of the New Jersey program, I will discuss two specific developments, the BDA initiative and the recent "Grace Period Rule," that changed some aspects of the program. My aim is more modest than a full-scale re-evaluation of all brownfields programs (or indeed of the New Jersey program in its totality); instead I look at the experience within one program to assess whether there is movement toward the development-centered approach. I find that some developments in New Jersey are positive, notably the BDA's approach to addressing multiple brownfield sites concurrently in the same location. On the other …
Brownfields Redevelopment, Joel B. Eisen
Brownfields Redevelopment, Joel B. Eisen
Law Faculty Publications
Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio+ 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions of Agenda 21 …
A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen
A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen
Law Faculty Publications
Critiquing how brownfields programs expanded without much attention to developments in the international environmental arena will illustrate some ways to alter them to comport with Agenda 21 and other prerequisites for sustainable development. Another interesting aspect of this analysis for the Rio + 10 review is its timing. The state and federal programs have mushroomed since 1992; for example, while a small minority of states had "voluntary cleanup programs" 10 years ago, virtually every state has one now, and there is considerable and increasing experience with them. If adjustments to these programs should be developed to comport with the prescriptions …
Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen
Alternative Dispute Resolution At The Environmental Protection Agency, Joel B. Eisen
Law Faculty Publications
This chapter examines how the U.S. Environmental Protection Agency (EPA) uses alternative dispute resolution (ADR) methods to help resolve complex environmental disputes. In recent years, the EPA's use of ADR has increased dramatically in a wide variety of settings. The EPA has made ADR a central feature of its environmental enforcement strategy, encouraged its use in Title VI and environmental justice conflict settings, and turned to negotiated rulemaking as an alternative to the cumbersome notice-and-comment process for the development of new federal regulations. Other EPA programs, such as the Brownfields Economic Redevelopment Initiative, promote nonadversarial methods for tackling complex environmental …
Brownfields Policies For Sustainable Cities, Joel B. Eisen
Brownfields Policies For Sustainable Cities, Joel B. Eisen
Law Faculty Publications
My analysis begins in Part I with a short summary of brownfields law and policy, and a description of our current understanding of "sustainable development." There is no hard and fast definition of the term, but it is increasingly more clear that a body of sustainable development "law" will take shape as the product of a host of decisions made now and in the near future. The optimal way to ensure that brownfields programs mesh with this body of law-whatever it turns out to be-is to incorporate basic norms of sustainable development about which there is widespread agreement. Those agreed-upon …
"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen
"Brownfields Of Dreams?": Challenges And Limits Of Voluntary Cleanup Programs And Incentives, Joel B. Eisen
Law Faculty Publications
As one of the most important current topics in environmental law, the redevelopment of abandoned or underutilized urban properties, better known as brownfields, continues to generate much discussion and debate. Because most agree that abandoned sites located in aging areas and the accompanying exodus of industry to the suburbs are undesirable, the federal government and many state governments have created programs to encourage the redevelopment of these industrial properties. But often overlooked by the advocates of such programs are the difficult political, scientific, and moral questions associated with redevelopment. In this insightful article, Professor Eisen provides the most comprehensive discussion …