Development and Redevelopment of Contaminated Property

Abstract

The problem of environmental contamination is a serious impediment to the development or redevelopment of real property. The cost of cleanup can easily render a proposed redevelopment project economically infeasible. This paper describes how sites known to be contaminated can be profitably and successfully redeveloped. Statutes establishing the ground rules for environmental obligations are reviewed. The environmental investigation process, including environmental reviews and sampling and testing plans, is discussed. Alternative treatment methods for soil and ground‐water contamination are also discussed. A site mitigation flowchart is presented to show how remediation alternatives can be developed for each environmental risk. Development alternatives can then be developed for each remediation alternative, and, based upon benefit/cost considerations, can be used to produce a remediation and development plan for the redevelopment of contaminated property. A hypothetical example of the redevelopment of a contaminated site is then described, and several actual projects involving the redevelopment of contaminated sites are identified.