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Articles 1 - 10 of 10
Full-Text Articles in Law
Replacement Of The Transfer Act: The Impact Of Connecticut's Effort To Expedite Contaminated Site Remediation, Avery Bikerman
Replacement Of The Transfer Act: The Impact Of Connecticut's Effort To Expedite Contaminated Site Remediation, Avery Bikerman
Honors Scholar Theses
The scope of this thesis is to analyze the legal framework established by House Bill 7001 and Public Act 20-9, which revise provisions of the CT Transfer Act, and establish a release-based reporting program which will be administered upon the sunset of the original act. While any release that occurred prior to the Release Based Remediation Program adoption (regardless of discovery date) is still regulated by the original Transfer Act, any release that occurs subsequent to the adoption of the new program will be regulated by the Release Based Remediation Program. This study investigates the scope of the new release-reporting …
Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa
Brownfields Cleanup: A Look Back And Ahead Toward Superfund Authority, Clifford Villa
Faculty Scholarship
Did you know that the U.S. Environmental Protection Agency, through the Superfund program within each of the ten regional offices across the United States, has millions of dollars to spend each year for cleaning up contaminated sites that are not designated “Superfund” sites? Not many people seem to know that, even lawyers who practice in environmental law, or even law professors who teach it. If these elite folks do not know that, then how would ordinary community members know that, people with busy lives who don’t do Superfund for a living? The short answer is, they probably don’t know either.
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Regional Public/Private Partnerships As Entrepreneurial Bricolage, John F. Mcardle
Journal of Comparative Urban Law and Policy
Entrepreneurial development of contaminated or blighted land, commonly referred to as “brownfield,” carries significant enterprise risk. When considering competing opportunities, capital tends to flow in an adverse direction from higher-risk activity where outcomes are less certain. In addition, a complicated regulatory landscape can increase transaction costs which further limit the desirability of these projects. Often, that leaves the remediation of environmentally compromised property in the hands of the public sector. Yet, in industrialized nations with significant brownfield presence, government is often unable to solely cure defects due to limited fiscal resources and competing policy imperatives. One solution to the problem …
Ohio's Brownfield Problem And Possible Solutions: What Is Required For A Successful Brownfield Initiative?, Faith R. Dylewski
Ohio's Brownfield Problem And Possible Solutions: What Is Required For A Successful Brownfield Initiative?, Faith R. Dylewski
Akron Law Review
This Comment intends to survey the current state of Ohio’s brownfield redevelopment programs. It also examines the successes and failures of other states’ brownfield redevelopment efforts in order to uncover the elements of success common to a comprehensive brownfield redevelopment plan. Part II discusses the environmental, economic, and social problems that are associated with brownfield sites. Part III examines the impediments to brownfield redevelopment. Part IV illuminates the federal government’s efforts aimed at the brownfield problem. Part V provides an overview of Ohio’s current brownfield redevelopment programs. Part VI discusses the ingredients of a successful state brownfield redevelopment initiative through …
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon
Kyoto Comes To Georgia: How International Environmental Initiatives Foster Sustainable Commerce In Small Town America, T. Rick Irvin, Peter A. Appel, Julie M. Mcentire, J. Chris Rabon
Georgia Journal of International & Comparative Law
No abstract provided.
Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin
Community Involvement In Brownfield Redevelopment Makes Cents: A Study Of Brownfield Redevelopment Initiatives In The United States And Central And Eastern Europe, Anne Marie Pippin
Georgia Journal of International & Comparative Law
No abstract provided.
Public Participation In Brownfield Redevelopment: A Framework For Community Empowerment In Zoning Practices, Jenny J. Tang
Public Participation In Brownfield Redevelopment: A Framework For Community Empowerment In Zoning Practices, Jenny J. Tang
Jenny J. Tang
This paper discusses the importance of brownfield redevelopment in the context of the environmental justice movement. It emphasizes that the goals of environmental justice advocates and attorneys should include promoting the interests of the community in order to achieve environmental and procedural equity. This paper argues that the only way to adequately promote these goals is to allow for maximum public participation, which would include community empowerment practices and an eye towards the problems inherent in public participation. Because brownfield remediation provisions and programs rarely provide for adequate public participation, this paper argues that zoning practices can be employed as …
How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre
How Planyc Will Facilitate Brownfield Redevelopment, Mark Mcintyre
NYLS Law Review
No abstract provided.
The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon
The Methamphetamine Remediation Research Act Of 2005: Just What The Doctor Ordered For Cleaning Up Methfields—Or Sugar Pill Placebo?, Aaron R. Harmon
Aaron R. Harmon
Methamphetamine labs can be set up anywhere. One batch of methamphetamine produces five to seven pounds of toxic byproduct. These contaminants are often dumped at the production site and, along with airborne contaminants from the cooking process, leave behind a “methfield.” States have developed widely divergent standards for methfield remediation. This Comment examines the solution proposed under the Methamphetamine Remediation Research Act of 2005 (“MRRA”). Part II provides some background on methamphetamine use, production, and cleanup. Part III reviews how methfields have been addressed by state and federal agencies. Part IV evaluates the MRRA and assesses its potential contributions to …
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Reforming State Brownfield Programs To Comply With Title Vi, Bradford Mank
Faculty Articles and Other Publications
Many states have adopted voluntary action programs to encourage developers to clean up and redevelop brownfields, former industrial or commercial facilities that have some environmental contamination. While brownfields redevelopment often has important benefits, states often allow cleanups that are less stringent than would otherwise be required and that raises the possibility that redevelopment could pose health risks to neighboring residents. Because many brownfield sites are located in areas with significant minority populastions, there is the potential for disproportionate impacts against these groups. If disparate impacts occur, states are arguably liable under Title VI of the 1964 Civil Rights Act. The …