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  • BUILDing Liability Certainty: Recent CERCLA Amendments and How EPA Can Support Local Governments

    Wednesday, December 11, 02:15 pm - 03:15 pm
    502 B
    Town Meeting Conversations
    Track 6: Liability and Enforcement
    Local governments often play a unique and important role in the cleanup, redevelopment, and reuse of contaminated property. They often acquire properties or exercise their police powers to promote community development, a strong tax base, and the health and safety of their citizens. In cases where contamination complicates the acquisition, reuse, or stewardship of a property, local governments can play a pivotal role in transforming these properties from liabilities to community assets. This session will explore ways EPA may fully address potential CERCLA liability concerns for local governments to assist these entities in navigating issues involving potential CERCLA liability protections, All Appropriate Inquiries, implementing institutional controls, and long-term reuse of a property. Further, speakers will explore recent amendments to CERCLA in the Brownfields Utilization, Investment, and Local Development Act of 2018 (BUILD Act). In particular, the BUILD Act amended CERCLA § 101(20)(D), the state and local government liability exemption, and the session will examine these updates, EPA’s interpretation of these amendments, and recently revised guidance that discusses these and other statutory protections that may be applicable to local governments as they consider involvement at contaminated properties. Local governments and States will be asked to voice challenges and express potential solutions to obstacles encountered in addressing cleanup liability concerns.
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