EPA Issues New Guidance on Public Agency Liability

Coalition Maintains statutory Changes are Critical 

EPA has issued a new guidance on liability protections for local governments that are acquiring contaminated property.  The new guidance clarifies one troubling area in that "EPA acknowledges that tax foreclosure and other acquisitions by government entities often require some affirmative or volitional act by the local government."  The National Brownfields Coalition's position is that Congress should remove liability barriers to local governments taking action to address contaminated properties.  The group maintains that the current "Involuntary Acquisitions" protections are confusing and far too narrow.   See this Coalition position paper.  Join the list-serve for public agency liability.  

Do the Benefits of Density Lessen as Buildings Get Higher?     

Sustainability Factors Questioned for "Vertical Gated Communities"

The multiple benefits of increasing density - from saving land to promoting energy efficiency and ameliorating climate change - are now part of generally accepted principle and practice for planners and environmentalists.  However, an article in the New Urban Network, "The Low Down on Tall Buildings," maintains that the benefits flatten out as development moves from mid-rise to high rise or where population densities exceed 50 people per acre.  The sustainability downsides of high rises include: more exposed surfaces with attendant inefficiencies in heating and cooling: low insulation values for glass and steel structures; and relatively inefficient floorplates.  The analysis also questions whether high rises produce the increase in pedestrian activities usually associated with density, because high rises often act as "vertical gated communities."    

Three Car Plant Redevelopment Projects Announced  

A TIF deal in Wyoming, Michigan ties GM plant redevelopment to creation of "living wage jobs."

Environmental Liability Transfer (ELT) has acquired two former auto manufacturing plants.   

• ELT and Old Carco, LLC recently closed an environmental liability transfer transaction, which included ELT purchasing a former 232,000 square foot state-of-the-art Chrysler manufacturing building located on 36 acres within the prestigious Cummings Research Park in Huntsville, Alabama.  See this article.
• ELT also purchased the 1.0 million square foot former GM facility near Pittsburgh, Pa.  ELT is taking over the cleanup and signed a consent order with the state.  See this article.

ELT is a member of the Brownfields Leadership Circle.

Lloyd's Enters Environmental Insurance Market through Beazley Syndicate

Beazley, the specialist Lloyd's insurer, is establishing an environmental risks underwriting capability at Lloyd's to "meet the growing demand for pollution coverage."  See this announcement. 

Beazley is a member of the Brownfields Leadership Circle.

EPA Accepting Applications for Renewable-Energy-on-Contaminated-Land Feasibility Studies   

Through its RE-Powering America's Land: Siting Renewable Energy on Potentially Contaminated Land and Mine Sites initiative, The U.S. Environmental Protection Agency (EPA) is soliciting applications from states, tribes, regional governments, and communities that want to evaluate the potential development of renewable energy on potentially or formerly contaminated properties.

Proposals are due to EPA Friday May 20 and may be submitted to matthews.lura@epa.gov. More information on the RE-Powering initiative and the request for applications can be found at www.epa.gov/renewableenergyland.