Brownfields law (fwd)

Aimee Houghton ( )
Wed, 17 Sep 1997 19:54:54 -0700 (PDT)

From: Aimee Houghton <>

---------- Forwarded message ----------
Date: Wed, 17 Sep 1997 11:53:17 -0700 (PDT)
From: LEAF <>
To: Career/Pro <>
Subject: Re: Brownfields law


You can put the message on the net. However, I just cleaned it up a little
and it is attached below.

>> Just as a brief background, industry proposed the
>> initial brownfield bill during the 97 Florida session. Simultaneously, there
>> was (and still is) an initiative funded by the MacArthur Foundation called
>> Eastward Ho!. This initiative is looking at moving growth in South Florida
>> from the west (and the negative impact on the Everglades) back toward the
>> East. By necessity, this involves revitilization of contaminated sites
>> because most are located in the east and in or near communities of color.
>> The hope had been that the 98 session would see a bill based on the two year
>> study of the Eastward Ho! initiative, but industry got to the Legislature
>> Industry looked at brownfields as a way of weakening the cleanup standards
>> for all contaminated sites in Florida. Florida currently uses a 10 -6
>> standard for all sites. Due to our connections with the Black Caucus, LEAF
>> became invovled in the process. We actually developed our own model
>> legislation. But as with any political process, we found that we had to come
>> up with model elements to use as amendments to the other bill. We were able
>> to add some changes to ensure public participation in the revitilization of
>> communities and to help shape the definition of brownfield and contaminated
>> sites to ensure that not all contamianted sites in Florida were included in
>> the definition of brownfield.
>> For groups trying to shape a brownfield law, it is vital that brownfields
>> not be used to weaken cleanup standards for all contaminated sites. Of
>> course, if a state has a weak cleanup standard then you could use the law to
>> your advantage.
>> The use of risk (Florida uses Risk-based corrective action) is detrimental
>> to communities of color. RBCA uses 154-lb white male as the standard, fails
>> to consider multiply exposures, synergistic effects, the body burden of
>> contaminants borne by communities of color.
>> If brownfields are to be used to revitalize communities of color, then
>> communities must be at the table from the beginning with equal power.
>> Obviously, LEAF's concern has been that brownfields will be used to either
>> displace communities of color out of their current neighborhoods to areas
>> with equal or greater contamination or forced to suffer increased
>> contamination in their community based on what new industry sites there.


Vice President for Programs
Legal Environmental Assistance Foundation (LEAF)
1115 North Gadsden Street
Tallahassee, FL 32303-6327
(850) 681-2591
(850) 224-1275 (fax) (e-mail)