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Voluntary and Brownfields Remediation Programs: An Overview of the Environmental Law Institute's 1998 Research

June 1999

Citation: 29 ELR 10339

Issue: 6

Author: Linda K. Breggin and John Pendergrass

Editors' Summary: One of the most important legal tools in the effort to remediate the nation's contaminated sites is state law that applies to such cleanups. In 1989, the Environmental Law Institute (ELI) conducted a study of this law, and last year, it completed its most recent update of that study. In this Article, two ELI Senior Attorneys discuss the results of that update as it concerns two key aspects of site remediation — voluntary and brownfield cleanup programs. The Article begins with a description of state voluntary cleanup programs, summarizing their legal structure, eligibility requirements, cleanup standards, cleanup activities, and incentives. It then examines state brownfield programs, discussing their inclusion criteria, cleanup activities, cleanup standards, and incentives.

Ms. Breggin is a Senior Attorney with the Environmental Law Institute (ELI). Prior to joining ELI, she was with the firm of LeBoeuf, Lamb, Greene and MacRae, L.L.P. and previously served as Associate Director for Toxics and Environmental Education in the White House Office on Environmental Policy. She is a graduate of the University of Chicago Law School. Mr. Pendergrass is a Senior Attorney at ELI, where he is also the Director of the Center for State, Local, and Regional Environmental Programs. He is a graduate of Case Western Reserve University Law School.