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Full-Text Articles in Law
Stigmatized Sites And Urban Brownfield Redevelopment, Joel B. Eisen
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.
Sustainable Water Management On Brownfields Sites, Ryan Fenwick, New England Environmental Finance Center
Sustainable Water Management On Brownfields Sites, Ryan Fenwick, New England Environmental Finance Center
Sustainable Communities Capacity Building
This practice guide was developed by the Environmental Finance Center Network (EFCN) through the Capacity Building for Sustainable Communities program funded by the US Department of Housing and Urban Development and the US Environmental Protection Agency. Through a cooperative agreement with HUD, EFCN is providing capacity building and technical assistance to recipients of grants from the federal Partnership for Sustainable Communities, an interagency collaboration that aims to help towns, cities, and regions develop in more economically, environmentally, and socially sustainable ways.
Brownfields Development: From Individual Sites To Smart Growth, Joel B. Eisen
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
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 …
Will Superfund Rise Again?, Rena I. Steinzor
Will Superfund Rise Again?, Rena I. Steinzor
Faculty Scholarship
The federal hazardous waste cleanup program and its state progency have been in decline for more than a decade, victims to a campaign of sabotage waged by industry and neglected by the Bush administration. Meanwhile, stakeholders do their best to ignore the program's sorry state. A sad story, but there may be a surprise ending in store.
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 …
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 …
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.
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 …
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 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.
Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate
Risk Assessment, Redevelopment, And Environmental Justice: Evaluating The Brownfields Bargain, John S. Applegate
Articles by Maurer Faculty
No abstract provided.