Brownfields Redevelopment After the BUILD Act: New Opportunities and Potential Challenges
New Exemptions; Enhanced Protections for Lessees; Expanded Federal Brownfield Grants; Additional Project Funding
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel to developers in redeveloping contaminated properties after the Brownfields Utilization, Investment and Local Development Act of 2018 (BUILD Act), which expands and refocuses existing federal programs and creates new incentives. The panel will discuss legal impediments to development, how the Act amended CERCLA to exempt most acquisitions of contaminated property by units of local government, the new protections for lessees from federal environmental liability, the changes to how federal brownfield grants work, and the mechanics of obtaining additional funding for authorized recipients and projects.
Outline
- Overview of brownfield redevelopment
- BUILD Act
- Principal issues and considerations
- Treatment of bona fide prospective purchaser defense
- CERCLA and the BFPP defense
- Best practices and strategies after the new legislation
Benefits
The panel will review these and other essential questions:
- What are the key legal considerations when contemplating the clean up of a contaminated site under the BUILD Act?
- How can counsel guide companies in leveraging the opportunities offered by the new legislation?
- For companies and counsel involved in remediating contaminated sites, what are best practices and the lessons from recent case studies?
Faculty
George C. D. Duke
Attorney
Brown Duke & Fogel
Mr. Duke focuses his practice on helping businesses navigate complex environmental and land use laws and regulations... | Read More
Mr. Duke focuses his practice on helping businesses navigate complex environmental and land use laws and regulations pertaining to corporate and real property transactions, mine expansions, land development projects, and brownfield redevelopment projects. He regularly assists business clients in matters of site acquisition and due diligence, construction and related project development agreements, project financing, and tax mitigation and development incentives. Mr. Duke handles environmental enforcement actions pertaining to wetlands, petroleum and chemical bulk storage facilities and various commercial and industrial facilities.
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Lawrence P. (Larry) Schnapf
Principal
Schnapf LLC
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield... | Read More
Mr. Schnapf primarily concentrates on environmental risks associated with corporate, real estate and Brownfield transactions. He counsels clients on environmental compliance, and represents clients in federal and state environmental litigation, enforcement actions, administrative proceedings and private cost recovery actions. Mr. Schnapf has also written numerous articles on environmental law, and is the general editor/contributing author of “Environmental Issues in Business Transactions” published by the Business Law Section of the ABA. He is Chair of the Environmental Law Section of the New York State Bar Association and Co-Chair of the NYSBA Brownfield Task Force.
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