Superfund Liability: An Obstacle to Brownfields Redevelopment

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• Superfund Liability An Obstacle to Brownfields
  Redevelopment

Paul Connor NALGEP Brownfields 2006 ? Boston, MA
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What is NALGEP?

• The National Association of Local Government
  Environmental Professionals represents local
  government environmental professionals.
• NALGEP provides our members with
• Access to a peer network,
• A voice in Washington,
• Information on new environmental research and
  policies, and
• Training and technical assistance.

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Brownfield Communities Network
Join Today!

• Network of over 750 individuals
• Membership is free!
• Funded by a grant from U.S. EPA

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Brownfield Communities Network
Activities

• Workshops, Conference Calls and Web Casts
• Work Groups
• Involuntary Acquisitions
• Railfields
• Grants Management

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Involuntary Acquisitions Task Force

• Task force of 30 experts
• Interviews with localities
• Result New report on involuntary acquisitions
  local government liability

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Report Findings

• The acquisition of brownfields by local
  governments is increasingly common and important.
• Liability concerns continue to hamper local
  government acquisition of brownfields.
• Development of some mothballed brownfields
  wouldnt occur without eminent domain authority.

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Report Findings

• CERCLAs liability protections for involuntary
  acquisition of brownfields are complex and
  confusing.
• Local governments need additional clarity on
  liability protections for acquisitions of
  brownfields.

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Report Recommendations

• EPA Guidance and Enforcement Policies
• Statutory reform should protect those who acquire
  property.
• Local governments need additional tools to
  clarify liability.

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Report Recommendations

• Legislative Clarifications
• Statutory reform should protect those who acquire
  property.
• The BFPP protection should be applied
  retroactively.
• EPA should have statutory authority to promulgate
  regulations on local government acquisition of
  property.

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Thank you!

• Paul Connor
• Executive Director
• National Association of Local Government
• Environmental Professionals (NALGEP)
• 1333 New Hampshire Avenue, NW
• Washington, DC 20036
• Phone [phone]
• Fax [phone]
• E-mail nalgep_at_spiegelmcd.com
• Web www.nalgep.org
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