[CPEO-BIF] "BUILD Act Includes Added Protection and Incentives for Brownfield Redevelopment and Renewable Energy"

[Lenny Siegel <lsiegel@cpeo.org>]

BUILD Act Includes Added Protection and Incentives for Brownfield Redevelopment and Renewable Energy


by Bart J. Kempf and William S. "Buddy" Cox III, Bradley Arant Boult Cummings LLP
Lexology
March 28, 2018 

The Consolidated Appropriations Act of 2018, which President Trump signed on March 23, 2018, includes 2,300 pages of appropriations and priorities for the operation of the federal government over the next fiscal year. It also includes the Brownfields Utilization, Investment, and Local Development (BUILD) Act of 2018. The BUILD Act provides additional protections, resources and incentives to both public and private brownfield redevelopments and encourages the development of renewable energy and energy-efficiency projects on brownfield sites, amending several provisions of the Comprehensive Environmental Response, Compensation & Liability Act, 42 U.S.C. §§ 9601 et seq. (CERCLA or Superfund).

From the outset, CERCLA was designed to require “potentially responsible parties” (PRPs) to pay the costs associated with investigating and cleaning up contaminated properties. Under CERCLA’s liability provisions, the current owner and operator is always considered a PRP, even if the contamination occurred prior to that party’s acquisition of the property. [42 U.S.C. § 9607(a)(1)].

…

Fort the entire article, see
https://www.lexology.com/library/detail.aspx?g=6b43bedd-8d56-42fa-a08e-437f198efef4

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Lenny Siegel
Executive Director
Center for Public Environmental Oversight
a project of the Pacific Studies Center
P.O. Box 998, Mountain View, CA 94042
Voice/Fax: 650/961-8918 
<lsiegel@cpeo.org>
http://www.cpeo.org

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