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Superfund Liability: A Continuing Obstacle to Brownfields Redevelopment



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Local government property acquisition is one of the key tools needed to facilitate brownfields redevelopment. NALGEP and the Brownfield Communities Network (BCN) Involuntary Acquisitions Task Force researched the role of this critical tool and found that liability concerns continue to hamper local government acquisition of brownfield sites. The research resulted in findings and recommendations to generate policy changes to aid local governments. The following are the Task Force recommendations.

  • Local governments need guidance on acquisition of property. 
  • Local governments need additional tools to clarify liability. 
  • Statutory reform should protect those who acquire property. 
  • The bona fie prospective purchaser protection should be applied retroactively. 
  • EPA should have the statutory authority to promulgate regulations on local government property acquisition.


NALGEP and the Task Force conducted a series of meetings, interviews, and conference calls to learn directly from local officials about their experiences with property acquisition and brownfields redevelopment. The report is the final piece of NALGEP's work with the Task Force.

NALGEP members will receive a hard copy of the report in the mail. To request a hard copy, send your name and address to nalgep@nalgep.org.