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Most brownfields cleanups have relied on institutional and engineering controls as part of the remedy, although the implementation, monitoring, and enforcement of these controls is one of the most difficult issues affecting contaminated property cleanup and redevelopment. The critical role of institutional controls has recently been highlighted by the 2001 Brownfields Amendments, and as a result a key element in the future success of brownfields redevelopment will rest on understanding and effectively using risk-based corrective action, including institutional and engineering controls. Implementing Institutional Controls at Brownfields and Other Contaminated Sites, the first book on this important and evolving topic, provides a thorough grounding in the history and current use of institutional controls. Emphasizing federal, state and public perspectives, this compendium of articles written by over 43 experts in the field offers real estate and environmental practitioners a state-of-the-art review of a subject that is integral to the success and growth of brownfields redevelopment projects. also examines some of the emerging tools that can be used in brownfields redevelopment, including custodial trusts, one-call systems, and web-based tracking systems. It also discusses the benefits of the proposed uniform model law on environmental covenants (UECA). Part II addresses the federal perspective, including the statutory and regulatory framework for the use of institutional controls in CERCLA and RCRA. The state perspective is covered in Part III, looking at the varying use of these controls in several states, including Arizona, California, Illinois, Massachusetts, New Jersey, and Maine. Experience in the Field is the focus of Part IV, which reviews how these controls have been used, highlights recent case studies, and draws conclusions on what can be learned from these successes and failures. documents and forms, including the flow chart from the ASTM Standard Guide on the Use of Activity and Use Limitations, Including Institutional and Engineering Controls (E 2091), final fact sheets from the Environmental Protection Agency for site managers at Superfund and RCRA sites, guidance from the Department of Defense, and state documents referenced in the text.
The book describes the complex and variable laws addressing site contamination, reviewing existing international, regional and national law of relevance to site contamination. It also offers detailed case studies of national approaches to the issue, and goes on to explore avenues for promoting the development of comprehensive domestic laws on site contamination, with a focus on the role of international law and actors. A detailed discussion analyzes such variations as a binding international legal instrument, a non-binding instrument, and a model framework for site contamination management. The text includes recommendations regarding the key elements needed for regulating site contamination at the national level. The author also offers an appropriate and feasible timetable for international action to promote better national law and policy regarding contaminated sites.
Written for real estate lawyers, environmental lawyers, property owners, lenders, environmental consultants, environmental regulators, state or local government leaders and developers.
Publisher description
Land Use Regulation: Cases and Materials, Fifth Edition is a dynamic, scholarly, yet practical teaching approach that focuses on the role of the lawyer in land use regulatory matters and the factors that influence land development decisions. Offering more comprehensive changes than in any edition since the book was first published, the Fifth Edition offers a new chapter addressing emerging issues in the field, including regulation of medical marijuana and fracking, responses to problems posed by vulnerable populations such as the homeless, continuing developments in “smart growth,” and changes in redevelopment law. It also features a thorough reorganization of takings materials, combining all of them in one chapter and addressing emerging issues.
Nearly thirty years after creation of the most advanced and expensive hazardous waste cleanup infrastructure in the world, this book provides a much-needed lens through which the Superfund program should be assessed and reshaped. Focusing on the lessons of adaptive management, it explores new concepts and tools for the cleanup and reuse of contaminated sites, and for dealing with the uncertainty inherent in long-term site stewardship.
The dramatic growth of government over the course of the twentieth century since the New Deal prompts concern among libertarians and conservatives and also among those who worry about government’s costs, efficiency, and quality of service. These concerns, combined with rising confidence in private markets, motivate the widespread shift of federal and state government work to private organizations. This shift typically alters only who performs the work, not who pays or is ultimately responsible for it. “Government by contract” now includes military intelligence, environmental monitoring, prison management, and interrogation of terrorism suspects. Outsourcing government work raises questions of accountability. What role should costs, quality, and democratic oversight play in contracting out government work? What tools do citizens and consumers need to evaluate the effectiveness of government contracts? How can the work be structured for optimal performance as well as compliance with public values? Government by Contract explains the phenomenon and scope of government outsourcing and sets an agenda for future research attentive to workforce capacities as well as legal, economic, and political concerns.

A Smarter Partnership

United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Environment and Hazardous Materials

Published: 2001

Total Pages: 112


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