Brownfields Revitalization — A Misnomer

By Kalyn J. Johnson and Kristin L. Parker

On January 11, 2002, President George W. Bush signed the Small Business Liability Relief and Brownfields Revitalization Act (the "Act") into law. The Act amends the Comprehensive Environmental Response, Compensation and Liability Act of 1980 ("CERCLA") by purporting to provide CERCLA liability protection for prospective purchasers of brownfields, contiguous property owners, innocent landowners, and small business owners. While the Act is aimed at encouraging the cleanup and redevelopment of an estimated 500,000 to 1,000,000 brownfields across the United States in an attempt to minimize urban sprawl, the Act is of virtually no use to private purchasers of industrial properties due to: (i) the limited number of industrial sites that qualify as "brownfields" under the Act; (ii) the Act’s requirement that a prospective purchaser believe, after "all appropriate inquiry," that the property is contamination-free; and (iii) the fact that the Act’s