The Senate recently voted 99-0 for bipartisan legislation (S. 350) to help transform thousands of mildly contaminated, abandoned brownfields sites into productive properties. The Senate bill was originally sponsored by Senators Lincoln Chafee (R-RI), Robert C. Smith (R-NH), Harry Reid (D-NV) and Barbara Boxer (D-CA).
Specifically, S. 350 would ease real estate owners' and prospective purchasers' environmental cleanup liability under the 1980 Superfund law -- including the liability that faces landowners whose properties become contaminated by pollution migrating from adjacent sites. Importantly, S. 350 also would provide real estate owners with a greater sense of ``finality'' on voluntary brownfields cleanup projects approved by state authorities. Additionally, the bill would provide some financial incentives for the investigation and remediation of these types of sites.
Undercurrent law, companies that own or acquire brownfield sites are potentially liable for the entire cost of remediating any hazardous substances on those sites --even if they did not cause any part of the pollution in question.
Experts estimate there are approximately 400,000 mildly contaminated brownfield sites throughout the U.S. that could be returned to productive, economic use if the underlying environmental issues were addressed in ways that make recovery efforts cost-effective.