Brownfields Development in Massachusetts through Privatized Cleanup: One State's Solution

Abstract

As an example of an innovative Brownfields program, the Massachusetts regulatory framework, together with its Clean Sites Initiative, creates a mechanism through a variety of elements that facilitates the cleanup and redevelopment of contaminated properties. The specific components of the Massachusetts program include a privatized regulatory framework for waste site cleanup, risk-based standards that correlate to the nature of the contaminants and the property use, and a means to limit liability exposure associated with redeveloping contaminated sites through covenant not to sue (CNS) agreements with the state.