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Environment, Energy and Transportation Program

Liability Protection to Promote Brownfields Redevelopment

State Legislative Report

By Cheryl Runyon and Larry Morandi


Vol. 28 No. 14
December 2003

Brownfields are abandoned properties where redevelopment has been complicated by actual or perceived environmental contamination. The major obstacle to brownfields cleanup and reuse has been the strict, joint and several liability standards that the federal government has applied to landowners conducting hazardous waste site remediation. With recent changes to the liability standards contained in federal law, many states are now passing their own measures that contain similar liability reforms under state enforcement actions. This report describes the federal changes and policy options that states are considering.

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