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"There does not appear to be any systematic effort to determine if there
are viable PRPs for the sites that are being awarded brownfield grants. Given
the current economic realities, it would seem to me that EPA should make an
effort to recover brownfield grants from PRPs while protecting
grantees/developers from contribution actions. "
Is this EPAs
responsibility or the locality that is applying for the grant? -- OR BOTH? The
laws are generally in place, but you are right, enforcement is not. We should
NOT be letting corporations responsible for creating a mess off the
hook.
----------------------------------------------------
W. Jerrold Samford, P.G., LEED AP
Environmental Compliance
Specialist
Troutman Sanders, LLP
1001 Haxall Point
Richmond, Virginia
23219
(804) 697-2225 (direct)
(804) 698-6451 (fax)
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This article raises an issue I had mentioned
several months ago.
There does not appear to be any systematic effort to determine
if there are viable PRPs for the sites that are being awarded brownfield grants.
Given the current economic realities, it would seem to me that EPA should make
an effort to recover brownfield grants from PRPs while protecting
grantees/developers from contribution actions.
Currently, plant owners have no fear of abandoning
plants and exporting jobs knowing the cleanup mess they leave behind
is probably going to be footed by the taxpayers thru brownfield grants.
I have been involved in a few projects where PRPs who have been
identifie have been willing to donate funds to a worthy redevelopment
project in exchange for liability relief but these occurances are far and few
between.
If you take a look at the announcements in Plant Closing News,
many companies closing or abandoning plants are consolidating operations
elsewhere in the country while others exporting the jobs remain viable
entities within the US. We need to make sure that we are not creating moral
hazards by letting these plant owners off the hook. A little more
enforcement would at least help to replenish funding for brownfield
grants and might even result in creation of fewer new
brownfields.
Larry
Schnapf Law Offices
55 East 87th Street, Ste. 8B
New York, NY
10128
212-756-2205 (p)
646-468-8483 (c)
Larry@SchnapfLaw.com
http://www.SchnapfLaw.com/
Named to Chambers USA 2009-10 Client Guide of America?s
Leading Lawyers for Business.
AV? Preeminent Rating from
Martindale-Hubbell
Listed in 2010 New York Super Lawyers-Metro
Edition
-----Original Message-----
From: Lenny Siegel
[mailto:lsiegel@cpeo.org]
Sent: Tuesday, April 19, 2011 01:26
PM
To: 'Brownfields Internet Forum'
Subject: [CPEO-BIF]
Should taxpayers pay for brownfields? The Allegheny County, Pennsylvania
debate
Allegheny exec aspirants disagree on who should clear
sites By Mike Wereschagin PITTSBURGH TRIBUNE-REVIEW (PA) April 19, 2011 Some
of the key components to Allegheny County's future lie among the relics of its
old economy, but the men vying for the county's top job disagree on how to
reuse the polluted industrial sites abandoned by heavy manufacturing.
Redeveloping these brownfields was a centerpiece of County Executive Dan
Onorato's economic development strategy for the past seven years. Now the
candidates running to replace him disagree on how and whether taxpayers should
foot the bill to clean up the sites, and three of the four question how
effective Onorato's strategy has been. County officials don't know how much
they've spent cleaning up the sites, but their 2011 budget includes $44
million in state grants for rehabilitating brownfields and other land around
Pittsburgh International Airport. ... For the entire article, see
http://www.pittsburghlive.com/x/pittsburghtrib/news/pittsburgh/ s_732871.html
-- Lenny Siegel Executive Director, Center for Public Environmental Oversight
a project of the Pacific Studies Center 278-A Hope St., Mountain View, CA
94041 Voice: 650/961-8918 or 650/969-1545 Fax: 650/961-8918
http://www.cpeo.org
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