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ARTICLE · 15 JANUARY 2013

New Enforcement Protection For Brownfield Renewable Energy Projects

Pepper Hamilton LLP
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In a December 2012 Guidance Memo, the Environmental Protection Agency’s (EPA) Assistant Administrators for Enforcement and Solid Waste set forth enforcement principles intended to enhance protections for developers of renewable energy projects on contaminated or previously contaminated "brownfield" properties.

United StatesEnvironment
Jane Luxton
Jane Luxton

In a December 2012 Guidance Memo, the Environmental Protection Agency's (EPA) Assistant Administrators for Enforcement and Solid Waste set forth enforcement principles intended to enhance protections for developers of renewable energy projects on contaminated or previously contaminated "brownfield" properties.  The new guidance clarifies that EPA will use enforcement discretion to extend to tenants protections that are currently available to bona fide prospective purchasers (BFPP) of contaminated sites.  EPA took this action in response to concerns about potential liability that have impeded development of brownfield properties under EPA's RE-Powering America's Land Initiative, previously discussed on this blog.

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