Civil Liability Relief for Brownfields Developers

ENVIRONMENTAL LAW: THE YEAR IN REVIEW 2006, Stanley Berger, Dianne Saxe, eds., Aurora, Ontario: Canada Law Book, 2007

10 Pages Posted: 24 Jul 2011

See all articles by Stepan Wood

Stepan Wood

Peter A Allard School of Law, University of British Columbia

Date Written: 31 12, 2006

Abstract

The paper examines the extent to which state and federal governments in the United States seek to stimulate brownfields redevelopment by legislating immunity against third-party civil (common law) liability for "innocent" owners or operators who purchase contaminated land. Surveying developments in Alabama, California, Connecticut, Florida, Georgia, Iowa, Massachusetts, Michigan, Missouri, New Jersey and Virginia, it shows that such liability relief is uncommon, narrow, and largely unknown to brownfields lawyers. It concludes by identifying implications for Canadian lawmakers grappling with similar issues.

Keywords: brownfields, contaminated land, liability relief

Suggested Citation

Wood, Stepan, Civil Liability Relief for Brownfields Developers (31 12, 2006). ENVIRONMENTAL LAW: THE YEAR IN REVIEW 2006, Stanley Berger, Dianne Saxe, eds., Aurora, Ontario: Canada Law Book, 2007. Available at SSRN: https://ssrn.com/abstract=1893012

Stepan Wood (Contact Author)

Peter A Allard School of Law, University of British Columbia ( email )

1822 East Mall
Vancouver, British Columbia V6T 1Z1
Canada
+1 604-827-0441 (Phone)

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