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Environmental Natural Resources Law

Recycling Land: Understanding the Legal Landscape of by Elizabeth Glass Geltman

By Elizabeth Glass Geltman

Older--and usually economically depressed--industrial towns often have a couple of good positioned yet deserted business websites. Too often those websites are seriously polluted by means of the residue of poisonous wastes dumped while previous factories have been nonetheless in use. those "brownfield" websites has to be wiped clean up below current legislations prior to they are often redeveloped. And but the query of who will endure the price of this cleanup usually stymies efforts to come those websites to effective use. a classy internet of federal, kingdom and native laws can contain a number of generations of householders in capability legal responsibility for the cleanup, often ensuing purely in prolonged litigation, hardly ever within the cleanup of the positioning. during this ebook, Elizabeth Glass Geltman surveys the legislation on either the federal and kingdom point with reference to the cleanup of brownfield websites. the writer makes precious feedback for reforming those legislation that might support motivate land reuse and the accompanying redevelopment of the economic base of many American towns either huge and small.
Elizabeth Glass Geltman is Professor of legislations, George Washington college legislation university and is the writer of many books on environmental legislation, together with Modern Environmental legislation: coverage and Practice.

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O. Okla. 1990). , Missouri v. Independent Petrochemical Corp .. 610 F. Supp. D. Mo. 1985): O'Neill v. Picollo, 441 F. Supp. R.!. 1988). 132See United States v. , 729 F. Supp. 1461 (D. Del. 1990). " Section 107(b) lists these defenses as follows: (b) There shall be no liability under subsection (a) of this section for a person otherwise liable who can establish by a preponderance of the evidence that the release or threat of release of a hazardous substance and the damages resulting therefrom were caused solely by-(I) an act of God; (2) an act of war; (3) an act or omission of a third party other than an employee or agent of the defendant ...

65 16 § 1536(a)(2), (e), (h). § 1536(n). § 1540. § 1540(a)(1). § 1540(b)(J). §§ 2601 to 2671. "70 As one commentator and former EPA official explained: The fundamental flaw in RCRA that hinders cleanup is that the law was primarily designed to regulate process wastes, not cleanup wastes. As a result, the law requires stringent treatment standards, usually based on combustion, for most waste streams; establishes lengthy permit requirements; and otherwise presumes that process wastes are continuously generated and disposed of at an ongoing manufacturing facility.

619 F, Supp. 162, 185 (WO. Mo. 1985); Brookfield-North Riverside Water Comm'n v. S. Oist. LEXIS 2920 at * 16. But see Kane v. 3d 87 (8th Cir. 1994) (house containing asbestos is a "consumer product in consumer use" exempt under CERCLA). 9sBrookfie1d-North Riverside Water Commission v. S. Oist. LEXIS 2920 at * 16; United States v. , 584 F, Supp. 1143. 1148 (D. Ariz. 1984). c. § 960 I (22). 97Lincoln Properties, Ltd. v. Higgins, 823 F, Supp. 0. Cal. 1992); Amoco Oil Co. v. , 889 F,2d 664,669 (5th Cir.

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