Law360's Brownfields Policy Tracker

State and federal governments have been proposing a slew of brownfields-related policies and laws in recent years as industry pressure and a historic funding allocation gives renewed focus to the work of remediating contaminated land.

Law360's brownfield policy tracker provides an overview of how those pending policies are advancing across the country.

Bill related to:  All bills   Funding   Incentives   Fees & Regulation 
Bill Title Jurisdiction Description Intro Date Last Action Category Status
Brownfields News & Analysis

February 23rd, 2024, 6:01PM

REIT, Loan Guarantors Spar Over Venue For $70M Loan Suit

Isaac Monterose

A real estate investment trust and loan guarantors traded blows in California federal court over remanding the REIT's suit accusing the companies of owing payments for nearly $70 million in loans.

February 15th, 2024, 7:19PM

NY Judge OKs Brownfield Tax Credits For Capitalized Costs

Maria Koklanaris

A brownfield developer can claim New York's brownfield redevelopment tax credit on capitalized costs related to water main improvements at the site, an administrative law judge said in a determination released Thursday.

February 13th, 2024, 1:57PM

EPA's Latest PFAS Action Leaves Unanswered Questions

Quinn Wilson

After the EPA proposed two new rules this month to regulate PFAS, questions still loom regarding how regulators and property owners are going to comprehensively address the widespread contaminants in a cost-effective way. Law360 spoke with the chair of Mintz's environmental practice about what next steps will be required to better address PFAS contamination.

February 6th, 2024, 8:28PM

Backend Tax Credit Boosts NY Brownfield Redevelopments

Donald Morrison

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.

February 9th, 2024, 6:18PM

NJ Borough Says It Didn't Block Paint Factory Redevelopment

Isaac Monterose

A New Jersey borough denied claims made by two companies that it wrongfully stopped them from buying and redeveloping a former paint factory by adopting an opposing redevelopment plan and ordinance.

February 2nd, 2024, 7:55PM

Prologis Inks $51M Deal For Remediated Coney Island Lot

Donald Morrison

Prologis Inc. has finalized a $51 million deal with National Grid for a remediated 16-acre site at the southern tip of Brooklyn, according to a filing made public Friday.

February 1st, 2024, 9:51PM

EPA Floats New PFAS Rules For Hazardous Waste

Juan-Carlos Rodriguez

The U.S. Environmental Protection Agency on Thursday proposed two rules that would clear the way for extensive new regulation of per- and polyfluoroalkyl substances.

January 31st, 2024, 6:24PM

Md. Renews Superfund Disclosure Debate In Property Sales

Emma Kennedy

Maryland lawmakers are eyeing a shift in statewide disclosure law for property transactions in close proximity to particularly hazardous Superfund sites, amid worry from local real estate agents the mandate would put too much scientific burden on sellers.

January 30th, 2024, 6:43PM

Brownfield Advocates Welcome Enviro Justice Initiative

Emma Kennedy

As brownfield remediation emerges as a prime opportunity for developers and the Biden administration rolls out its Justice40 initiative, environmental justice advocates hope to steer transformative projects in overlooked neighborhoods.

January 26th, 2024, 8:33PM

No 'Receipts' For Northrop Grumman Rent At Superfund Site

Juan-Carlos Rodriguez

A California appeals court cracked open its Urban Dictionary in an opinion letting Northrop Grumman Systems Corp. off the hook for $1.4 million in speculative back rent at a property where it's cleaning up an environmental mess, saying the current site owner can only go after actual damages and must "show the receipts" to win.

January 24th, 2024, 7:04PM

La. Wins Injunction Against EPA On Disparate Impact Rules

Madeline Lyskawa

A Louisiana federal judge will allow the state to temporarily block the U.S. Environmental Protection Agency from imposing certain environmental justice requirements on permitting and grant decisions, finding the state is likely to prevail in its challenge.

January 23rd, 2024, 3:13PM

Liability Assumption CEO Talks Brownfield Rehabilitation

Isaac Monterose

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.

January 17th, 2024, 7:31PM

EPA Cuts Lead Screening Levels For Residential Soil

Madeline Lyskawa

The U.S. Environmental Protection Agency said Wednesday it has slashed the recommended screening levels for lead-contaminated soil in residential communities by half and emboldened guidance for investigating and on remediating tainted soil, paving the way for increased future clean-up efforts.

January 16th, 2024, 7:06PM

Brownfields To Brightfields: Landfills Are Primed For Solar

Emma Kennedy

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.

January 12th, 2024, 2:16PM

Milwaukee Eyes Tighter Brownfield Oversight After Settlement

David Holtzman

The city of Milwaukee wants to step up its oversight of former industrial properties that are converted to housing after an apartment building was vacated when unhealthy levels of a toxic chemical were detected in the air.

January 9th, 2024, 4:40PM

Citing 'Plutonium Plume,' Enviro Groups Fight Colo. Trail

Madeline Lyskawa

Seven public health and environmental groups have sued multiple federal departments in D.C. federal court, accusing them of using "fatally flawed" environmental analyses to support its approval of an 8-mile trail through what the groups say is the most heavily plutonium-contaminated portion of Colorado's Rocky Flats National Wildlife Refuge.

January 9th, 2024, 12:05PM

Retiring EPA Official On Brownfield Successes, Challenges

Emma Kennedy

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.

January 4th, 2024, 8:32PM

OIG To Audit EPA's Enviro Justice Work In Brownfields

Tom Lotshaw

The U.S. Environmental Protection Agency's Office of Inspector General says it plans to audit the brownfields program's implementation of Biden administration goals to steer 40% of certain federal investment benefits to disadvantaged communities overburdened by pollution.

January 3rd, 2024, 10:56PM

REIT Alleges Tacoma Developer Misdeeds In $70M Loan Suit

Grace Dixon

TerraCotta Credit REIT LLC has hit a beleaguered developer and several affiliates behind a Washington state real estate project besieged by numerous credit claims since the pandemic with allegations of misconduct tied to six loans totaling nearly $70 million, per a suit moved to California federal court.

October 31st, 2023, 5:11PM

Breaking Ground On Brownfields — The Series

Emma Kennedy

In a time of historic funding allocation, land scarcity, affordability struggles and new sustainability goals, brownfields are poised to see an unprecedented revival. Law360's Real Estate Authority has spent months investigating the opportunities and challenges that lie in redeveloping contaminated land.