Developing Renewable Energy on Contaminated Land: Regulatory Challenges and Protecting Against Liability Exposure

Reusing Lands and Facilities for Renewable Energy Projects; Siting, Permitting, Cleanup, EPA Liability Protections

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

Conducted on Tuesday, October 22, 2019

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar will provide guidance to renewable energy counsel on overcoming challenges in developing renewable energy projects on contaminated lands. The panel will discuss key issues in the reuse of lands and facilities, federal and state regulatory challenges, assessing and protecting against liability exposure, leases and EPA protections via CERCLA, and other key items to ensure compliance and avoid liability.


The EPA promotes the reuse of potentially contaminated lands and landfills for new renewable energy projects. Developing renewable energy on contaminated land is cost-effective for utility and energy companies, but requires strict compliance with federal and state regulations.

The demand for sustainable energy continues to grow in the U.S. and abroad, with multiple states and countries developing programs to incentivize the development of renewable energy. Focusing renewable energy development on brownfields, Superfund sites, retired power plants, and landfills gives developers access to infrastructure that is already in place and is likely to be properly zoned and permitted.

The benefits of reusing potentially contaminated lands come with a series of complex rules and procedures such as the assessment of potential sites, the extent of any possible contamination, remedial measures for prevention of any negative impact to surrounding areas, and federal and state requirements for cleanup and waste disposal.

Listen as our panel discusses the necessary and most practical processes for the reuse of contaminated lands for renewable energy projects, protecting against liability exposure, leasing and retasking retired power plants and landfills, and available EPA protections.



  1. Overview of applicable federal law and recent state regulations
  2. Regulatory compliance challenges and methods to overcome them
  3. Financing options and allocationg risks
  4. Siting, permitting, and cleanup issues


The panel will review these and other key issues:

  • What are the key factors to consider before developing renewable energy projects on contaminated lands?
  • What federal and state regulations are relevant in the reuse of potentially contaminated lands, retired power plants, etc.?
  • What are the redevelopment opportunities for renewable energy projects?
  • How can developers and investors limit their exposure to liability?


Heiple, Bonnie
Bonnie L. Heiple

Wilmer Cutler Pickering Hale and Dorr

Ms. Heiple focuses her practice on environmental, energy and natural resources law. She advises clients on a wide range...  |  Read More

Seitz, J. Barton
J. Barton Seitz

Baker Botts

Mr. Seitz handles a wide range of environmental, health and safety matters, including regulatory counseling, complex...  |  Read More

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