'Brownfields of Dreams?' Challenges and Limits of Voluntary Cleanup Programs and Incentives

158 Pages Posted: 4 Sep 2011

See all articles by Joel B. Eisen

Joel B. Eisen

University of Richmond - School of Law

Date Written: 1996

Abstract

Redevelopment of abandoned or underutilized urban properties, better known as Brownfields, continues to generate much discussion and debate. Because most agree that abandoned sites located in aging areas and the accompanying exodus of industry to the suburbs are undesirable, the federal government and many state governments have created programs to encourage the redevelopment of these industrial properties. But often overlooked by the advocates of such programs are the difficult political, scientific, and moral questions associated with redevelopment.

This article provides the most comprehensive discussion to date of Brownfield programs that often exchange increased health risks to the surrounding community for additional jobs and higher tax revenue. The article draws an analogy between Brownfield redevelopment programs and negotiated compensation statutes, which were created to facilitate the siting of hazardous and solid waste disposal facilities but have experienced only limited success. Finally, after exposing the shortcomings of the current Brownfield programs, the article concludes that adequate community input and a revision of CERCLA are but two of the many changes that must be made in order to increase the public legitimacy of Brownfield redevelopment programs.

Keywords: Brownfields, voluntary cleanup programs, CERCLA

Suggested Citation

Eisen, Joel B., 'Brownfields of Dreams?' Challenges and Limits of Voluntary Cleanup Programs and Incentives (1996). University of Illinois Law Review, Vol. 1996, p. 883, 1996, Available at SSRN: https://ssrn.com/abstract=1921760

Joel B. Eisen (Contact Author)

University of Richmond - School of Law ( email )

203 Richmond Way
Richmond, VA 23173-0001
United States
804-287-6511 (Phone)
804-289-8683 (Fax)

HOME PAGE: http://law.richmond.edu/faculty/jeisen/

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