Policy Positions Adopted by ABA House of Delegates

 

 

BROWNFIELDS

Sponsors:
American Bar Association
Standing Committee on Environmental Law
Section of Environment, Energy and Resources
Section of Real Property, Probate and Trust Law
Section of Dispute Resolution
Section of State and Local Government Law
Section of Tort and Insurance Practice
Section of Administrative Law & Regulatory Practice
Young Lawyers Division

RESOLVED, that the American Bar Association recommends that Congress promote the economic use of properties affected by environmental contamination, and reduce unnecessary litigation, by enacting legislation providing that upon the affected property's entry into and compliance with a State brownfields program, there should be no additional liability to the federal government or any other person under the Comprehensive Environmental Response, Compensation and Liability Act, as amended; provided that:

(1) the State brownfields program imposes cleanup standards that are protective of human health and the environment;

(2) the State brownfields program ensures appropriate public notice and public participation; and

(3) the State provides the financial and personnel resources necessary to carry out its brownfields program.

FURTHER RESOLVED, that such legislation should authorize State brownfields programs to take advantage of alternative state approaches to land use, institutional controls and zoning regulations that facilitate property reuse.

Adopted by the ABA House of Delegates, August 10, 1999, Atlanta, GA.

For a copy of the complete report, contact Carrie Coleman at scel@staff.abanet.org.