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Environmental Law

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Brownfields

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Stigmatized Sites And Urban Brownfield Redevelopment, Joel B. Eisen Jan 2015

Stigmatized Sites And Urban Brownfield Redevelopment, Joel B. Eisen

Law Faculty Publications

This chapter addresses the "stigmatized sites" located in urban areas in the United States and Europe and the "brownfields" redevelopment programs aimed at removing the stigma and promoting remediation and reuse of these sites. Although the European Union has put regulatory frameworks in place, the United States has led the global effort to address brown fields redevelopment, and the discussion in this chapter will focus on American models for brown fields remediation and reuse.


Brownfields Development: From Individual Sites To Smart Growth, Joel B. Eisen Jan 2009

Brownfields Development: From Individual Sites To Smart Growth, Joel B. Eisen

Law Faculty Publications

Remediation and reuse ofbrownfields is a hallmark of sustainable land use because the societal and economic benefits of remediating and rehabilitating an underused urban parcel are often greater than those of comparable development taking place at greenfields locations. These benefits are mentioned frequently in the large (and growing) body of brownfields literature, where brown fields redevelopment is seen as especially desirable because it meshes with the goals of the smart growth movement. However, not all brown fields redevelopment activity is "smart," for development of individual sites continues to be parcel-specific and state brownfields programs do not fully integrate well-known benchmarks …


Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen Jan 2008

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 …


A Case Study Of Sustainable Development: Brownfields, Joel B. Eisen Jan 2002

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 …


Brownfields Policies For Sustainable Cities, Joel B. Eisen Jan 1999

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 …