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

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

A live 90-minute premium CLE webinar with interactive Q&A

Tuesday, October 22, 2019

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, September 27, 2019

or call 1-800-926-7926

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 for solar and wind energy, 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 U.S. Environmental Protection Agency and state regulatory agencies promote the reuse of potentially contaminated sites for renewable generation projects, including solar and wind energy. 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 solar and wind 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.?
  • How does the development process differ for solar versus wind projects?
  • What are the risks involved in the cleanup and waste disposal and methods to avoid them?
  • 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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