Brownfields Redevelopment After the BUILD Act: New Opportunities and Potential Challenges

New Exemptions; Enhanced Protections for Lessees; Expanded Federal Brownfield Grants; Additional Project Funding

Recording of a 90-minute CLE webinar with Q&A


Conducted on Thursday, July 25, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will guide counsel to developers in redeveloping contaminated properties after the Brownfields Utilization, Investment and Local Development Act of 2018 (BUILD Act), which expands and refocuses existing federal programs and creates new incentives. The panel will discuss legal impediments to development, how the Act amended CERCLA to exempt most acquisitions of contaminated property by units of local government, the new protections for lessees from federal environmental liability, the changes to how federal brownfield grants work, and the mechanics of obtaining additional funding for authorized recipients and projects.

Description

Redeveloping contaminated properties under a Brownfields Program enables developers to complete projects without having to clean up property to unrestricted use standards by negotiating the terms of cleanup and redevelopment under a Brownfields Agreement with the EPA or the administrator of a state Brownfields Program.

The BUILD Act expands how exceptions to liability can be met, and drastically increases the number of potential brownfield redevelopment sites.

The BUILD Act significantly increases the funding for brownfields remediation based on the level of contamination, size or ownership of the sites. Municipalities and quasi-governmental development agencies now can acquire blighted property for redevelopment without the specter of inheriting cleanup liability. And tenants now have the option to establish liability protections directly to avoid joint and several liability with the landlord. Taken together, these changes mean significant changes for the development and construction industries.

Listen as our seasoned panel discusses legal impediments to development, how the BUILD Act amended CERCLA to exempt most acquisitions of contaminated property by units of local government, the new protections for lessees from federal environmental liability, the changes to how federal brownfield grants work, and the mechanics of obtaining additional funding for authorized recipients and projects.

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Outline

  1. Overview of brownfield redevelopment
  2. BUILD Act
  3. Principal issues and considerations
  4. Treatment of bona fide prospective purchaser defense
  5. CERCLA and the BFPP defense
  6. Best practices and strategies after the new legislation

Benefits

The panel will review these and other essential questions:

  • What are the key legal considerations when contemplating the clean up of a contaminated site under the BUILD Act?
  • How can counsel guide companies in leveraging the opportunities offered by the new legislation?
  • For companies and counsel involved in remediating contaminated sites, what are best practices and the lessons from recent case studies?

Faculty

Duke, George
George C. D. Duke

Atty
Brown Duke & Fogel

Mr. Duke focuses his practice on helping businesses navigate complex environmental and land use laws and regulations...  |  Read More

Schnapf, Lawrence
Lawrence P. Schnapf

Principal
Schnapf LLC

Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield...  |  Read More

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Strafford will process CLE credit for one person on each recording. All formats include program handouts. To find out which recorded format will provide the best CLE option, select your state:

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