Brownfield
What does "Brownfield" mean in law?
A brownfield is real property where expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant, as defined by the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (amending CERCLA). Brownfield sites are distinguished from Superfund sites in that they typically involve lower levels of contamination that do not warrant listing on the National Priorities List but still deter private investment due to fear of CERCLA liability. The brownfields program provides EPA grants, tax incentives, and liability protections (including bona fide prospective purchaser, contiguous property owner, and innocent landowner defenses) to encourage voluntary cleanup and productive reuse of contaminated properties. Brownfield redevelopment represents a policy shift from the punitive liability focus of early CERCLA enforcement toward incentive-based approaches that balance environmental remediation with economic revitalization of blighted urban and industrial areas.
Definition
A brownfield is real property where expansion, redevelopment, or reuse may be complicated by the presence or potential presence of a hazardous substance, pollutant, or contaminant, as defined by the Small Business Liability Relief and Brownfields Revitalization Act of 2002 (amending CERCLA). Brownfield sites are distinguished from Superfund sites in that they typically involve lower levels of contamination that do not warrant listing on the National Priorities List but still deter private investment due to fear of CERCLA liability. The brownfields program provides EPA grants, tax incentives, and liability protections (including bona fide prospective purchaser, contiguous property owner, and innocent landowner defenses) to encourage voluntary cleanup and productive reuse of contaminated properties. Brownfield redevelopment represents a policy shift from the punitive liability focus of early CERCLA enforcement toward incentive-based approaches that balance environmental remediation with economic revitalization of blighted urban and industrial areas.
Example
A city used EPA brownfield grant funding to assess and clean up a former dry cleaning site contaminated with perchloroethylene, then redeveloped the parcel into affordable housing after the prospective purchaser obtained CERCLA liability protection.