Brownfield Development in Connecticut, a New Chapter: Liability Relief for Purchasers and Sellers of Contaminated Sites in the 2011 Act Concerning Brownfield Remediation and Developmentas an Economic Driver
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This article comprises a follow-up to the 2008 publication of Brownfield Development in Connecticut: Overcoming the Legal and Financial Obstacles, co-authored by Barry J. Trilling and Sharon Siegel. That article sought to answer questions about "whether and how Connecticut and the federal government will provide financial support and liability relief to stimulate brownfield development." That article covered developments in the law through 2007. Among other things, the article summarized the liability scheme governing contaminated real estate in Connecticut and, in particular, the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) and Connecticut statutes intended to address to what extent "innocent landowners" are liable for clean-up costs and impacts of contamination on third parties. Since 2007, and up until the legislative session ending in June 2011, the Connecticut General Assembly enacted few bills dealing with both the financing of and liability attendant to brownfield remediation and development.' With the exception of the Abandoned Brownfields Cleanup ("ABC") program enacted in 2009, discussed in more detail below, ' no significant legislative changes had been made to ease the liability of prospective purchasers of contaminated properties either by the Connecticut General Assembly or the United States Congress.
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