Brownfield sites are areas of land previously used for industrial purposes or certain commercial uses that may be contaminated by hazardous waste or pollution. Cleaning and redeveloping these sites is essential for community health and environmental sustainability.
The Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) is a federal law aimed at the cleanup of sites contaminated with hazardous substances and pollutants. Also known as Superfund, it imposes strict joint and several liability on potentially responsible parties (PRPs) for site remediation.
The landmark 1990 court decision regarding a lender’s exposure to liability for environmental cleanup if the lender acquires the property by foreclosure.
Hazardous substances refer to a wide array of contaminants that are regulated under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). These substances include hazardous waste and chemical contaminants but exclude petroleum products due to a specific exemption.
Potentially Responsible Parties (PRPs) refer to individuals or entities that are legally liable for contamination and remediation of hazardous waste sites under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA).
The Resource Conservation and Recovery Act (RCRA) is a United States federal law that was enacted in 1976 to regulate the management of hazardous waste. It requires proper waste handling procedures covering the entire lifecycle of hazardous waste—from generation to transportation, treatment, storage, and disposal.
Strict liability is a legal doctrine that holds an owner responsible for the cleanup of a contaminated site, regardless of whether the owner was negligent. This implies that any property involvement with contaminants could entail cleanup costs even if the current owner did not cause the contamination.
SUPERFUND is the commonly used name for CERCLA, the federal environmental cleanup law. It mandates the cleanup of contaminated sites and holds responsible parties accountable for the costs.
