Extreme Makeovers: Risk-Reduction Strategies for Redeveloping Mine-Scarred and Other Industrial Lands for the 52nd Annual Institute of the Rocky Mountain Mineral Law Foundation
Parties need to implement strategies to reduce the environmental risk posed by selling and redeveloping mine-scarred and other industrial lands affected by contamination. This risk can be reduced but not totally eliminated. This article focuses on risk-reduction strategies that include securing the new bona fide prospective purchaser defense under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), obtaining enforceable agency assurances, investigating the type and extent of contamination, developing a vision and plan for reuse of the land, assessing risks posed by contamination in light of anticipated future land uses, tailoring the cleanup to targeted cleanup goals appropriate for the planned end uses, and developing engineering and institutional controls and activity and use limitations to prevent and limit exposure. Risks can be materially reduced when these strategies are implemented with the help and collaboration of local government officials and staff, federal and state environmental regulators, and engineering, environmental, and planning professionals. Click the link to learn more.