Historic Fill at Brownfields Properties: Opportunities and Challenges for Developers

Despite regulatory efforts to streamline the remediation process and provide liability relief to developers, the modestly contaminated fill that underlies many urban and industrial areas ("historic fill") is one of the most common challenges to brownfields redevelopment. Brownfields developers and others involved in the remediation of urban properties should be aware of state regulations, guidance, and policies that address the reporting, cleanup, and management issues peculiar to historic fill, particularly in industrialized states. From the moment the pre-purchase environmental assessment begins through the project’s final regulatory approvals, it is critical for developers and their advisors to take a strategic approach to historic fill issues in their development plans.