In some towns it's the rundown farm where workers once unknowingly doused the soil with harmful pesticides. In others it's the former school building riddled with asbestos that no developer has dared to touch. It could be a shuttered gas station, abandoned factory, or an old rail yard.
However "dirty" these sites may look in different areas of the country, they're an increasingly attractive proposition for developers.
(iStock.com/Jevgeni_Tr)
Brownfields present a significant opportunity in the face of pressures like the housing crisis, climate change and land scarcity. See our reporting on the challenges, successes, opportunities and pain points shaping brownfields redevelopment.
Our brownfield policy tracker provides an overview of how pending policies and laws are advancing across the country.
For newcomers, brownfields and the policies and economic incentives surrounding remediation and redevelopment can be just as confusing as the land is contaminated. Read our breakdown of the basics.
A brownfields cleanup site is seen in Biddeford, Maine. In an upcoming series, Law360 will examine the development opportunities offered by brownfields around the country and the legal complexities involved with working on them. (Derek Davis/Portland Portland Press Herald via Getty Images)
But as anyone who dabbles in the world of contaminated property soon learns, it can be a rabbit hole of complexity with considerations of liability, ever-changing public policy, climate change, environmental justice, community engagement, and the big one: financing.
With so many factors converging at once — and anywhere between 450,000 and 1 million brownfield sites nationwide poised for reuse — Law360's Real Estate Authority spent months talking to attorneys, environmental experts and brownfield developers to analyze the model's challenges, successes, opportunities and pain points.
Check back regularly to see Law360's latest in-depth reporting on brownfields.
Brownfield Policy Plays Catch-Up As National Priorities Shift
By Emma Kennedy | November 7, 2023
While the framework for regulating, incentivizing and funding contaminated site cleanup has remained relatively untouched — and successful — for decades, new concerns are forcing an evolution in brownfield redevelopments toward a means to address growing demand for affordable housing, environmental justice and climate resilience.
From Brownfield To Affordable Housing: Funding An Evolution
By Grace Dixon | November 14, 2023
Amid a housing crunch bearing heavily on low-income Americans, some developers are turning to conveniently situated brownfields as possible homes for affordable housing projects. Experts told Law360 that for those willing to be creative, a recent influx of new funding might just be enough to overcome the higher costs associated with potentially contaminated parcels.
The Past And Future Of Brownfield Developments
By Brent Godwin | November 21, 2023
Turning real estate that previously held heavy industry or manufacturing facilities isn't easy work, but it is an integral part of economic development, especially in many cities where land for new housing or other uses are increasingly hard to find, said Gerald Pouncey, chair of Morris Manning & Martin LLP.
3 Pitfalls To Avoid When Steering A Brownfield Redevelopment
By Charlie Innis | November 28, 2023
A real estate deal or project involving contaminated land can end up far messier than it needs to be, especially if the developer's legal team isn't aware of how their work can go wrong. Here are a few of the biggest pitfalls to look out for when advising clients on such a project.
How PFAS Could Upend Brownfield Remediation
By Emma Kennedy | December 5, 2023
The U.S. Environmental Protection Agency's pending designation of PFAS as a hazardous substance under environmental cleanup laws would be a historic move, but it has left brownfield developers and attorneys reeling with questions about how it affects their projects — both in the past and in the future.
Wash. Affordable Housing Developers Dig Into 'Dirty Dirt'
By Emma Kennedy | December 12, 2023
In Washington, where affordable housing and land scarcity have collided, it took attorneys and advocates seven years to craft a brownfield program they say solves both.
Retiring EPA Official On Brownfield Successes, Challenges
By Emma Kennedy | January 9, 2024
As developers stand poised to continue the momentum of brownfield redevelopment into 2024, an outgoing U.S. Environmental Protection Agency leader sees public-private partnerships — and the stepping back of local government interference in federal funding — as keys to maintaining the upward trajectory.
Brownfields To Brightfields: Landfills Are Primed For Solar
By Emma Kennedy | January 16, 2024
The phrase "one man's trash is another man's treasure" is proving quite literal in the world of brownfields, where many capped landfills generally devoid of redevelopment opportunities have finally found their niche.
Liability Assumption CEO Talks Brownfield Rehabilitation
By Isaac Monterose | January 23, 2024
Breathing life back into contaminated land comes with risks, but liability assumption companies have developed that risk into a business opportunity that clears not only environmental concerns but regulatory ones as well.
Brownfield Advocates Welcome Enviro Justice Initiative
By Emma Kennedy | January 30, 2024
As brownfield remediation emerges as a prime opportunity for developers and the impacts of the Biden Administration's Justice40 initiative become clearer, environmental justice advocates hope to steer transformative projects in overlooked neighborhoods.
Backend Tax Credit Boosts NY Brownfield Redevelopments
By Donald Morrison | February 6, 2024
New York's use of a backend tax credit for brownfield remediation and redevelopment helps push projects across the finish line, incentivizing developers to pursue and quickly finish projects addressing contamination throughout the state.
Attys' Top Tips For Limiting Liability In Brownfield Projects
By Andrew McIntyre | March 6, 2024
Brownfield sites have grown in popularity as land scarcity near metro areas worsens and incentives increase. While the redevelopment projects come with a host of risks, experienced attorneys say a little preparation can go a long way in limiting liability.
Attys Wary Of 'Zero Tolerance' Approach In New PFAS Rule
By Emma Kennedy | April 19, 2024
With the finalization of the U.S. Environmental Protection Agency's rule designating two "forever chemicals" as hazardous, the stakes just got higher for real property due diligence work.
What Attys Are Saying About The PFAS CERCLA Designation
By Emma Kennedy | May 1, 2024
In the days since the Environmental Protection Agency classified two "forever chemicals" as hazardous, real estate and environmental attorneys have been analyzing how the move applies to their work. Law360 contacted attorneys across the country who are following the EPA's rulemaking to get a sense of how significant the PFAS designation will be to their practice.
$1.5B Funding Surge Highlights EPA's Brownfields Evolution
By Emma Kennedy I June 5, 2024
Building on what's already a much-touted bipartisan success story, the Environmental Protection Agency has ironed out many of its brownfields program wrinkles and is now equipped with a surge of funding.
Historic Brownfields Funding Is Fueling Cleanup Catch-Up
By Emma Kennedy I June 12, 2024
Under the time crunch of the Bipartisan Infrastructure Law, funding for brownfield cleanups has increased by more than 700% in the last three years as cities and nonprofits vie to tackle their most complex sites.
How Milwaukee Tops US In EPA Brownfield Winnings
By Nate Beck I June 19, 2024
The city of Milwaukee's redevelopment agency has won nearly twice as many federal grants to clean up brownfield properties as any other government entity in the United States. Dave Misky, assistant director at the Milwaukee Redevelopment Authority, reflects on the agency's success.
EPA Funding Spurs Remediation Push On Alaska Native Land
By Grace Dixon I June 26, 2024
Thousands of sites contaminated by WWII, oil and gas exploration and mining were transferred to Alaska Native ownership in a 1971 deal settling land claims in the state. Now, an influx of funding from the Bipartisan Infrastructure Law and other sources has seriously boosted cleanup work.
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