Friday, November 11, 2011

New EPA Program To Redevelop Contaminated Properties

On November 4, 2011, the U.S. Environmental Protection Agency (“EPA”) announced that it will team with the U.S. Department of Energy’s National Renewable Energy Laboratory (“NREL”) as part of the RE-Powering America’s Land Initiative to evaluate the feasibility of developing renewable energy projects on Superfund, brownfields, and former landfill or mining sites. The project will study the feasibility of developing wind, solar, biomass, and geothermal energy at 26 sites across the country, including the Newport Chemical Depot in Newport, Indiana (a deactivated Army chemical production plant and chemical agent destruction facility).

The 26 sites are at varying stages of assessment and cleanup. Superfund sites are the most complex hazardous waste sites. Brownfields are not as troublesome as Superfund sites, but are sites where redevelopment may be complicated by environmental issues.

The joint venture pairs EPA’s environmental expertise with NREL’s renewable energy expertise. The project will invest approximately $1 million to revitalize abandoned sites, create jobs, energize communities, and reduce greenhouse emissions. Mathy Stanislaus, the assistant administrator of EPA’s Office of Solid Waste and Emergency Response says, “These studies are the first step to transforming these sites from eyesores today to community assets tomorrow.”

This new program is likely the first of many in the Midwest. EPA’s regional administrator, Dr. Susan Hedman, announced at a recent meeting with Indiana industry groups that Region 5 (the Great Lakes region) has the most brownfields sites of any region in the country. Dr. Hedman indicated that it was one of her personal priorities to see these sites rehabilitated and ultimately used for the development of “green infrastructure.”

These types of initiatives create incentives for individuals and companies to come up with creative ways to redevelop abandoned properties and promote sustainable energy. The attorneys at Plews Shadley Racher & Braun LLP have represented these types of clients for over 20 years. In addition to many other forms of representation, we represent clients in the sale, purchase, and remediation of environmentally-distressed properties.

To read EPA’s press release regarding this initiative, click here.

This article should not be construed as legal advice. Consult an attorney if you have questions about the redevelopment of potentially contaminated property.

No comments:

Post a Comment