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Articles 1 - 9 of 9
Full-Text Articles in Environmental Law
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Ronald H. Rosenberg
No abstract provided.
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
Brownfields And Brac: A Surprising "Compatibility", Joel B. Eisen
William & Mary Environmental Law and Policy Review
No abstract provided.
No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller
No Good Deed Goes Unpunished: The Cercla Liability Exposure Unfortunately Created By Pre-Acquisition Soil Testing, Jennifer L. Scheller
Michigan Law Review
This Note argues that CERCLA, as it is currently written, requires courts to hold parties liable for pre-purchase soil investigations that spread or mix contamination because to conclude otherwise would stretch CERCLA beyond its breaking point. Part I argues that both those who order pre-acquisition soil testing and those who conduct the tests are PRPs if the testing spreads existing contamination. Part II argues that the statute does not allow for the judicial creation of a soil testing liability exception. Part III acknowledges the policy problems created by testing liability and advocates a legislative solution to exempt pre-purchase soil testing …
A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel
A Shallow Fix: The Uniform Environmental Covenants Act Leaves Hard Brownfield Questions Unanswered, Paul Stanton Kibel
Paul Stanton Kibel
No abstract provided.
Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson
Legislative Innovation In State Brownfields Redevelopment Programs, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
States throughout the country have created legislation and administrative programs to encourage the cleanup and redevelopment of urban brownfield land. In part, these efforts respond to the federal government's recent focus on the issue. However, leadership in method and approach has come, not from the federal government, but from the states. States have approached the cleanup and redevelopment of contaminated land in a variety of ways, some choosing to create voluntary cleanup programs, others imposing mandatory cleanup programs, and still others using combinations of these approaches. Regardless of method, however, the push to clean brownfield land is grounded in a …
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Environmental And Brownfield Liability: Relative Influence On Corporate Expansion And Relocation, Heidi Gorovitz Robertson, Alan K. Reichert
Law Faculty Articles and Essays
Many states in America have enacted laws to encourage the development of contaminated properties. The laws attempt to do this by addressing one barrier to redevelopment, the environmental liability attached to contaminated properties. In general, the laws attempt to remove or reduce the significance of that barrier by reducing or eliminating the environmental liability risk attached to these properties. Our hypothesis was that these efforts cannot significantly encourage redevelopment because they fail to address non-environmental barriers to urban redevelopment. To determine whether this legislative focus on environmental liability is misplaced, we conducted a survey of Northeast Ohio businesses, which had …
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Brownfields Redevelopment: Cleaning Up Contaminated Sites For Community Renewal, Ronald H. Rosenberg
Faculty Publications
No abstract provided.
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
One Piece Of The Puzzle: Why State Brownfields Programs Can't Lure Businesses To The Urban Cores Without Finding The Missing Pieces, Heidi Gorovitz Robertson
Law Faculty Articles and Essays
U.S. EPA, state legislatures, and state administrative agencies have invested considerable time and money resources to encouraging urban renewal through the redevelopment of contaminated urban properties, called brownfields. These efforts attempt to induce businesses to clean and redevelop brownfields by reducing the numerous environmental barriers to redevelopment, such as the enormous cost of clean-up and threat of immeasurable liability. In this Article, I argue that environmental barriers to redevelopment, although important, are but one piece of a complicated urban redevelopment puzzle. The other pieces, largely missing from existing efforts to encourage redevelopment of brownfields are non-environmental factors, such as size …
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Deed Restrictions And Other Institutional Controls As Tools To Encourage Brownfields Redevelopment, Heidi Gorovitz Robertson, Robert A. Simons
Law Faculty Articles and Essays
This article concerns the use of deed restrictions and other institutional controls as tools to encourage brownfields redevelopment.