Chapter 8: Brownfields and Other Contamination

“Brownfields” are properties for which expansion, redevelopment, or reuse may be complicated by the presence or potential presence of contamination. In recent years, federal and state governments have promoted the redevelopment of brownfield properties as a means of reclaiming blighted properties, promoting (especially urban) jobs, and avoiding sprawl and greenfield development. This chapter discusses key federal and Colorado statutes designed to promote brownfields redevelopment.

§ 8.1 Introduction
§ 8.2 Brownfields Amendments of 2002
§ 8.3 Prospective Purchaser Agreements
§ 8.4 Colorado’s Voluntary Cleanup Program
§ 8.5 Site Characterization Investigation
§ 8.6 Remediation Goals and Groundwater Cleanup Standards
§ 8.7 Governmental Assistance
§ 8.8 Accounting Issues
§ 8.9 Special Cases

SCOTT H. REISCH, ESQ.
Hogan & Hartson LLP

Scott H. Reisch is a partner in Hogan & Hartson’s Denver office, where he is a director of the firm’s environmental practice group. His practice includes litigation and counseling on a broad range of environmental matters, with emphasis on brownfields, Superfund, environmental insurance, and environmental issues that arise in commercial transactions. He has advised clients on some of the most prominent redevelopment projects in the Denver metropolitan area, including the implementation of a voluntary cleanup program in connection with the construction of the Pepsi Center and the redevelopment of the former Rocky Mountain Arsenal into the new home for the Colorado Rapids. Mr. Reisch is a graduate of Stanford University (B.A., with distinction, 1985) and Stanford Law School (J.D., 1988), where he was Note Editor for the Stanford Law Review. He is a member of the Bars of Colorado, California, and the District of Columbia. Mr. Reisch currently serves as Vice Chair of the Advisory Counsel of the Environmental Section of the Colorado Bar Association, and on the Executive Committee of the Colorado chapter of the National Brownfields Association.


STEPHEN A. BAIN, ESQ.
Welborn Sullivan Meck & Tooley, P.C.

Stephen A. Bain is a shareholder with Welborn Sullivan Meck & Tooley, P.C. in Denver. Steve’s practice focuses on environmental and natural resources law, including representation of oil and gas companies. After practicing environmental law with Holland & Hart in Denver for five years, he and his wife moved to the Black Triangle region of the Czech Republic for two years to work as environmental management consultants for the Czech Ministry of Environment. Steve joined Welborn Sullivan Meck & Tooley’s office in Almaty, Kazakhstan in 1997, where he worked on oil, mining and environmental issues, before returning to Denver in 1999. He has spoken on a variety of environmental topics and taught international petroleum law as an adjunct professor at the University of Denver Sturm College of Law. Steve has a bachelor’s degree from Yale University and a law degree from Cornell Law School.