July 1, 2003

Implementing Institutional Controls at Brownfields and Other Contaminated Sites

American Bar Association
Amy L. Edwards

Most brownfields cleanups have relied on institutional and engineering controls--that is, land use restrictions, deed restrictions, or other types of legal controls on contaminated sites--as part of the remedy. However, the implementation, monitoring, and enforcement of these controls is one of the most difficult issues affecting contaminated property cleanup and redevelopment. The critical role on institutional controls in the redevelopment of brownfields and other contaminated sites has recently been highlighted by the Small Business Liability Relief and Brownfields Revitalization Act of 2001. The success of brownfields redevelopment rests in part upon the ability to use risk-based corrective action, including institutional and engineering controls. However, for these types of cleanups to succeed, all stakeholders must have confidence that institutional controls can be properly implemented, maintained and enforced over time as long as they may be needed.

This book, a first of its kind, is a compilation of existing Federal, State, local and private sector initiatives on institutional controls, as well as an initial effort to "level the playing field" and begin the dialogue on legislative and educational efforts that will be needed to improve our implementation, monitoring and enforcement of institutional controls at brownfields sites.

Learn more and purchase the book.

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